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(영문) 서울동부지방법원 2017.05.24 2017고단1040
공무집행방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On February 27, 2017, at around 00:50, the Defendant assaulted the face of the said police box, which was in front of the toilet, one time as a drinking, at the police box located in Namyang-si, Namyang-si, 2017, due to the Defendant’s 112 report pertaining to the Defendant’s main operation.

Accordingly, the defendant interfered with the legitimate execution of duties of the police officer concerning the investigation of the final judgment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 136(1) of the Criminal Act, the selection of a fine (it is not less than the nature of a crime in light of the degree of tangible power exercised against a police officer by a defendant; however, it is not less severe than the confession and reflect of a crime, the degree of exercise of tangible power is not much severe, and there is no record of the same kind of crime);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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