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(영문) 서울서부지방법원 2015.04.22 2014고단2507
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

On September 2, 2014, at around 02:55, the Defendant, at the first floor “D” point of the Mapo-gu Seoul Mapo-gu Seoul building C, the Defendant rejected payment of the drinking value to E, and obstructed the police officer’s legitimate performance of duties on the 112-report handling, etc. by assaulting him/her by assaulting him/her, for the reason that he/she told him/her of the disturbance by destroying his/her mobile phone and talking him/her with a large voice.

Summary of Evidence

1. Each legal statement of witness E and H;

1. Statements of witnesses G from among the files for examination of witnesses G, which are part of the fourth trial records;

1. Partial statement of the police interrogation protocol of the accused;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Determination of a fine by taking into account the fact that the degree of assault on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act does not focus on the degree of assault on the grounds of sentencing, and that the defendant has no criminal record of having been punished for the same kind of crime and suspended execution, but the punishment shall be determined as ordered by taking into comprehensive account the circumstances after the crime

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