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(영문) 서울중앙지방법원 2017.10.26 2017고단5862
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On August 22, 2017, at around 05:50 on August 22, 2017, the Defendant received a report from 112 that a drunk person was used in a street near Gangnam-gu, and D is a dangerous path to the Defendant.

On the ground that the truck was her speech, the police officer assaulted D's chest and face her chest, and obstructed the police officer's legitimate performance of official duties concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. Although it is not good that the crime of this case is committed by assaulting a police officer who properly performs his duties for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the crime of this case is committed. However, the defendant confessions the crime of this case and repents his mistake, the defendant has no record of other crimes except for one-time fine due to the violation of the Act on the Establishment of Local Reserve Forces, and other circumstances shown in the arguments of this case such as the defendant's age, sex behavior, motive for the crime, and circumstances after the crime are considered.

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