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(영문) 서울중앙지방법원 2017.04.28 2017고단1591
공무집행방해
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 14, 2017, at around 05:15, the Defendant: (a) on the first floor of multi-household houses located in the Gangnam-gu Seoul Metropolitan Government Jindong History; (b) on the ground that around that time the former president’s impeachment decision was close to that of the former president; (c) visited the former president’s deceased seat, and was drinking at that place; and (d) on the ground that the police officer D, etc. of the Seoul Gangnam Police Station C, who was dispatched to that place upon receipt of the 112 report, demanded the Defendant to leave.

“Along with the fact that the police officer frightened the chest of the said police officer by hand, frightened the chest of the said police officer, frightened the police uniform, and assaulted the said police officer several times of drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of police officers and the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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. Article 334(1) of the Criminal Procedure Act (the evidence duly adopted and examined by the court) of the Criminal Procedure Act provides that the Defendant was under the influence of alcohol at the time of committing the instant crime, but the Defendant was deemed to have weak ability to discern things or make decisions due to drinking.

It is difficult to see)

The reason for sentencing is not easy to obstruct the execution of official duties of this case, but all of the crimes are against the wrongness while recognizing the crime, there are no particular criminal records except for the same kind of criminal records and one-time fine, contingent crimes, the degree of exercising tangible power, and other various factors of sentencing indicated in the records, such as Defendant age, sexual behavior, environment, and circumstances before and after the crime, such punishment as the order shall be determined in consideration of the following factors of sentencing.

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