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(영문) 서울서부지방법원 2021.03.10 2020고단3845
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 01:40 on October 07, 2020, the Defendant: “C” at the main point of the Eunpyeong-gu Seoul, Eunpyeong-gu and the second floor; “A person who takes a bath and frighting,” the Defendant asked the Defendant’s address in order to take the Defendant’s house under the influence of alcohol by the superintendent of the police box affiliated with the Western Police Station D, who called out after receiving a report 112, the Defendant asked him of the Defendant’s address in order to take the Defendant under the influence of alcohol.” The Defendant sent the Defendant at the right shoulder of the said police officer at one time on the right side.

On the same day, at around 02:35, the above E was accompanied by the defendant's house to the corridor 4th floor of Eunpyeong-gu Seoul, Seoul, FF loan, which is the defendant's house, but the defendant did not enter the house, and took a disturbance for about one hour. The defendant asked the defendant with the front door password, such as "the same bitch, death, fluor, fluor, fluor, fluor, fluor", etc., and then he saw the defendant by asking the front door password, "the bitch, fluor, fluor, fluor, fluor, fluor", and fluore E's face and fluore by hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning public safety and maintenance of order by police officers E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a medical certificate and attachment of a photograph of damaged parts), video CDs for committing a crime, and a gold farm practice pledge;

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. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act, the instant assault and its degree of interference with official duties due to the assault and its serious reason is unfavorable, all of the offenses are recognized as having been committed, and the police officers suffered damages are deeply divided into depth by finding the police officers several times, and efforts are made in good faith for the sake of money, such as receiving mental treatment on a regular basis after the instant case. This case’s police officers are also against the Defendant.

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