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(영문) 서울서부지방법원 2014.06.24 2014고단1034
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 April 23, 2014, at around 06:05, the Defendant reported 112 without disclosing the contents of the report in front of Samsung F&T, which was located in Seodaemun-gu, Seoul, Seogu, Seoul, 102-24, and filed a report. D, a police officer affiliated with the Seoul Western Police Station C commander of the Seoul Western Police Station, who received and dispatched the report, attempted to listen to the Defendant’s report details against the Defendant, without any specific reason, “h. Ga. Ga, this Ga, I need to do so. I do not properly our country, and we need to do so. I do not seem to have a proper desire, and I will walk the right bridge of D, which was removed from the next side, and interfere with the maintenance of public order and order of D and E, by assaulting it on the floor of E, which was removed from the next side, thereby hindering the execution of duty of police officers.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of each police statement of E and D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Selection of an alternative fine for 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 the defendant by assaulting two police officers without justifiable grounds.

However, the Defendant shall be sentenced to a fine only once, taking into account the overall circumstances that serve as the condition for the sentencing of the instant case, by taking into account the following circumstances: (a) the Defendant has no criminal record of the same kind of crime or any criminal record of the suspension of execution, or has committed any contingent crime under the influence of alcohol; and (b) the Defendant appears to have committed any and all of his/her mistakes, and (c) has committed any and all of his/her mistakes, thereby

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