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(영문) 서울서부지방법원 2014.10.16 2014고단843 (1)
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 February 22, 2014, at around 08:10, the Defendant took fighting at “C” conference located in Mapo-gu Seoul, Seoul, and obstructed the Defendant’s performance of official duties, and obstructed the Defendant’s lawful performance of duties concerning the arrest of a flagrant offender by assaulting the F’s arms and shoulder, blocking the front of the patrol car, blocking the front and rear glass door, and obstructing the police officer’s lawful performance of duties, such as arresting a flagrant offender, by assaulting the F, who was in contact with the Defendant’s will to arrest G as a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement to F and E;

1. Application of Acts and subordinate statutes to the investigation report;

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 likely to obstruct the execution of official duties by means of assaulting a police officer while the defendant takes a bath to a police officer without justifiable grounds.

However, considering the overall circumstances that are conditions for the sentencing of this case, such as the fact that the defendant was a primary offender with no criminal history, and the fact that the defendant appears to have committed contingent crimes under the influence of alcohol and that he/she would not commit the same crime again while reflecting his/her depth, he/she shall be punished by a fine only once, and the punishment as ordered shall be determined by the order.

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