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(영문) 서울동부지방법원 2015.04.30 2015고단621
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On February 26, 2015, at around 01:07, the Defendant expressed that “C” convenience stores located in Gwangjin-gu Seoul Special Metropolitan City, was “C” front of a 112-report and sent out, without any justifiable reason, to the head E (35 years of age) belonging to the Mine Police Station D District Sticker, which was called out after having been reported about 112 that the fighting had occurred, “Chewing sprinke” and sprinke was sprinked and pushed down at the same place.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report handling.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant crime was determined as ordered by comprehensively taking into account the following factors: (a) the background and content of the instant crime; (b) the degree of the assault; (c) the confession and rebuttal; (d) the primary offender; and (e) the Defendant’s age and family relationship

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