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(영문) 서울중앙지방법원 2018.11.07 2018고단6059
공무집행방해
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 21, 2018, at around 22:25, the Defendant:30, 330, 200, 330, 200, 200, 112, and 112, she was urged to return home from the border of the Seoul Yakdong Police Station B, Seoul, which was dispatched upon receipt of the 112 report, to “I am home from the border of the Seoul Yakdong Police Station B,” and she was urged to “I am to do so, I am to do so,” and prevented the Defendant from driving the patrol car for about 10 minutes by blocking the patrol car in front of the patrol car, and she was drinking in two weeks, once, the boom of the patrol car with the front, one time, and one time, and the latter glass once.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties related to patrol affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs;

1. Application of the Act and subordinate statutes to Chapter 1 of this Chapter to police officers in mobilization to the scene;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is many assault offenses against the defendant, and the defendant is not well aware of the fact that he/she committed the instant crime without being aware of the fact that he/she committed the instant crime even though he/she is in the period of suspension of the execution of imprisonment due to this type of crime.

However, it is more favorable that the method or degree of force of the defendant is not very heavy and that the time for the execution of official duties interfered with it will not take place.

In addition, various sentencing factors in the records, such as the defendant's age, sex, family environment, motive and circumstance of crime, etc., shall be determined as per the disposition.

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