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(영문) 서울서부지방법원 2018.01.30 2017고단3457
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, at around 00:30 on September 17, 2017, read “C” in front of the “C” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, upon receipt of 112 reports, in the course of the process where the security guards belonging to the Seoul Seodaemun-gu Police Station D police box, dispatched after the receipt of the 112 report, were broken back and taken a measure for returning home, the Defendant left the said Party “draw up.”

This franchising expressed the desire to “,” and the franchising assaulted the chest part of the above E once by hand, and threatened the franchise with “not to meet”.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant wears his uniform and exercises the force to a police officer on duty without justifiable grounds.

However, in light of witness's statements, the fact that the defendant repents the defendant's wrong, there is no criminal history of obstructing the performance of official duties against the defendant, and the fact that the tangible power exercised is relatively minor is relatively minor in light of witness's statements, and other factors of sentencing such as the circumstances leading to the crime, age, sexual behavior, environment, etc., the punishment shall be determined as ordered by the order.

The Defendant asserts to the effect that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of the instant case.

According to the records, although the defendant could be recognized that he was drinking at the time of the crime of this case, in light of the background leading up to the crime of this case, the means and method of the crime, and the defendant's speech and behavior before and after the crime of this case, the defendant is under the influence of alcohol at the time of the crime of this case.

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