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(영문) 서울서부지방법원 2018.07.04 2018고단1688
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 May 5, 2018, at around 01:45, the Defendant 112 reported a disturbance in Eunpyeong-gu Seoul Metropolitan Government, such as avoiding disturbance and taking trial expenses to other customers, and called out Seoul, upon receiving a report, obstructed the police officer’s legitimate execution of duties concerning the handling of the reported case by assaulting the Defendant, such as: (a) the security guard E belonging to the Eunpyeong Police Station D commander; (b) the Defendant gets home to the Defendant; and (c) E was called “A”; and (d) the Defendant got home to the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: A favorable circumstance that is favorable to the fact that the defendant's failure was sent to three times or more by the police officer, and that the defendant assaults the police officer dispatched upon receiving a report, etc.: The defendant's recognition of and reflects against the crime of this case, and all other circumstances attached to the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, career, home environment, motive for committing the crime, and conditions after committing the crime;

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