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(영문) 서울서부지방법원 2014.09.24 2014고단1796
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 5, 2014, at around 22:35, the Defendant: (a) sent out after receiving a report from 112, among the police officers in front of Eunpyeong-gu Seoul Metropolitan City, the Defendant used his mobile phone device to identify his contact information while shouldering himself; and (b) assaulted the above E’s right hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand.

In addition, the Defendant, who was a police officer belonging to the foregoing global belt, committed assault by the Defendant, on the ground that F, intended to restrain himself, namely, “Wner died of this dog, flag, e.g., flag., f., f., f., dead.” and assaulted by f.g., f., f., with f.s., f., p

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the above E/F public security and maintenance of order, who is a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to E and F;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The Defendant’s claim of mental disability is difficult to deem that the Defendant had the ability to discern things or make decisions at the time of the crime, in light of the background leading up to the crime recognized by the evidence mentioned above, the method of the crime, and the circumstances before and after the crime.

2. The sentencing conditions stipulated in Article 51 of the Criminal Act, such as the nature of the crime in this case, although the crime in this case is not minor, shall be determined like the order, taking into consideration the following factors: (a) the defendant has no same criminal power; (b) the defendant has no same criminal power;

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