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(영문) 서울남부지방법원 2018.05.03 2018고단307
공무집행방해
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On January 5, 2018, the Defendant: (a) around 22:25 on January 22, 2018, at the front distance of Yeongdeungpo-gu Seoul Metropolitan Government, the police box of Yeongdeungpo-gu Police Station D, which prevents the Defendant from attempting to die and breaking on the roadway, to E (the police box of Yeongdeungpo-gu, Seoul).

“In addition, I ambling, and ambling the shoulder of E in both hands once, and assaulted the head part of E once by drinking by a bad hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the safety control.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on report of internal investigation (Attachment to video images, etc., the criminal scene of which is recorded);

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. Various factors of sentencing, such as the motive and content of the crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the degree of interference with execution of duties, circumstances after the crime, the defendant's previous conviction due to driving of alcohol and no other criminal record except for one case, the defendant's age, sex behavior, environment, etc.

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