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(영문) 서울서부지방법원 2016.04.20 2016고단411
공무집행방해
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 7, 2015, at around 20:30, the Defendant: (a) was drunk at the C cafeteria located in Eunpyeong-gu Seoul, Seoul; and (b) was dispatched to Seoul, upon receiving 112 a report on the drinking-value problem; (c) was able to inquire of E of the suspicion of assault from the police officer affiliated with the Pyeongtaek Police Station D police box; (d) was sprinking E’s breath with his hand; and (e) was able to carry out the lawful duties of handling reports 112.

2. At around 20:555 on the same day, the Defendant assaulted a police officer who is in the Eunpyeong-gu Seoul Metropolitan Government Police Station D police box to carry out legitimate duties concerning investigation by cutting off E’s chest by hand, who is demanded to present his identification card at the Eunpyeong Police Station D police box.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the crime, the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is divided and reflected in the crime, and there is no same criminal record, and thus, a fine is imposed. However, the degree of violence committed by police officers over two times and the degree of violence is not somewhat weak, and the criminal record is also taken into account and the amount of the fine is set as ordered.

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