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(영문) 서울동부지방법원 2019.07.25 2019고단1595
공무집행방해등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 18, 2019, at around 01:50, the Defendant: (a) received a report from 112 that “the taxi officer, who is a taxi officer, and had a guest and a guest,” on the front of the C Hospital located in Gwangjin-gu, Seoul Special Metropolitan City, Mine Police Station D District E, who was dispatched to the site, and told the above E and F to “chropos, f,” and assaulted E’s breast part of the breast by 3 tights on the floor of the hand, and the part of F at least once by hand.

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

2. As the Defendant deemed the taxi engineer G at the time and place indicated in paragraph (1), the victim E and the victim F, who is the police officer of the above dispatch, made a public insult of the victims by making the victim E and the victim F with a large voice of “spacking, spacking,” and openly insulting the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. G statements;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The act of assaulting and breathing police officers on official duty, the circumstances that are favorable to the nature of the crime: The fact that one's mistake is divided and reflected, the fact that there is no record of punishment for the same kind of crime, and the conditions for sentencing specified in the arguments, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc.

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