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(영문) 서울서부지방법원 2015.12.17 2015고단2034
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 00:40 on July 26, 2015, the Defendant received a report on 112 that “E” at the entrance of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government “E” (BAR), “AR enters the Republic of Korea and is punished for Si expenses,” and was solicited to return home from the slope G belonging to the Egyna Police Station F District Unit of Mapo-gu, which called “Mapo-gu, Seoul.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on criminal investigation and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning G;

1. Each photograph;

1. The application of the law to the opinion and the medical certificate;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not the criminal liability of the defendant in that the defendant interfered with the execution of official duties by assaulting a police officer without any justifiable reason, and thereby, the defendant suffered a considerable damage to police officers.

However, it appears that the Defendant had committed any contingent crime under the influence of alcohol due to a heavy traffic accident before the instant case, and the Defendant seems to have committed any crime under the influence of alcohol, and that he would not repeat the same crime as the instant case again while reflecting his depth, and deposited KRW 8 million for the victimized police officers, etc., by taking into account all the circumstances that constitute the conditions for the sentencing of the instant case, the Defendant shall be sentenced to a fine only once, and the sentence shall be determined as ordered by the Disposition.

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