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(영문) 서울중앙지방법원 2017.11.22 2017고단6862
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 10, 2017, in light of “C” in Jongno-gu Seoul, Jongno-gu, Seoul at around 19:05, the Defendant avoided disturbance, such as drinking the sales wall under the influence of alcohol, and the Defendant requested the Defendant to leave the said shop at the request of the police officer affiliated with the Seoul Jong-ro, Seoul Police Station D police box, who arrived at upon receiving the 112 report of the occupationism, and requested the Defendant to leave the shop. Then, the Defendant knife E’s hand knife and “Ne is a police officer;

In the 200th century, E’s scam with fingers before the said burial, he saw E’s scam with her fingers one time, and assaulted E on the part of the flaps.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reported case by E, a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Application of video Acts and subordinate statutes to video CDs;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. In light of the circumstances that the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, when considering the fact that the defendant used abusive or violent violence to a police officer in charge of performing his duties, the punishment for the crime is not somewhat less strict, considering the fact that the defendant has no record of criminal punishment for the last ten years, confession of the crime is minor, the degree of violence against the police officer is minor, the defendant seems to have caused somewhat contingent and contingent crimes under the influence of alcohol, and taking into account other favorable circumstances, such as the defendant's age, sexual conduct, motive for the crime, and the circumstances after the crime, etc., as indicated in the argument of this case, the punishment shall be determined as ordered.

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