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(영문) 서울중앙지방법원 2018.02.08 2017고단6670
공무집행방해
Text

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

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

Reasons

Punishment of the crime

around 03:20 on September 6, 2017, the Defendant: (a) 112 reported and sent to the police officer F (28 years old), a police officer belonging to the Dongjak-gu Seoul Police Station E District in Seoul, who was called up after having received 112 reports; (b) taken a time room; and (c) obstructed the police officer’s legitimate performance of official duties in relation to the prevention, suppression, and investigation of crimes by making the F’s face one time with the floor of the said F’s face on one hand; and (d) obstructed the police officer’s legitimate performance of official duties.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Application of the Acts and subordinate statutes on screen pictures and video-recording CDs by cutting down the CCTV of the assault and video;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Although the reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant had been punished several times for the same or a similar crime, the punishment as ordered is imposed in consideration of the following circumstances: (a) the degree of obstructing the exercise of tangible power and the performance of official duties is relatively minor; (b) the defendant appears to have committed the instant crime contingently; and (c) the defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the instant crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the instant argument.

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