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(영문) 서울동부지방법원 2018.02.08 2017고단4085
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 December 6, 2017, at around 21:40, the Defendant: (a) received a report on 112 that “a person refuses to provide medical treatment and evades disturbance without providing identification,” in an emergency room for the National University Hospital located in Gwangjin-gu, Seoul Special Metropolitan City, 120-1; and (b) heard the horses that “a person need to receive hospital treatment” from a police officer affiliated with the Seoul Mine Police Station C District of the Seoul Mine Police Station, who was called out, “a person who is in need of identification,” and assaulted the chest of the said D by hand, who was seated in an emergency room two times in his hands, and was fluened twice in a food that happens in the bed.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (on-site ctv and witness investigation);

1. Application of Acts and subordinate statutes to photographs of crime;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Penalty)

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

1. It is so decided as per Disposition for the reason that the sentencing of Article 334(1) of the Criminal Procedure Act is the first offender for the order of provisional payment, and for other reasons such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

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