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(영문) 서울서부지방법원 2018.05.15 2018고단906
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On February 22:45, 2018, the Defendant obstructed the police officer’s legitimate execution of duties concerning handling reports, such as taking the back head of the D’s 112 back and taking back the D’s face back on one occasion, in order for the Defendant to grasp the reported content by the police officer affiliated with the police box of Seodaemun-gu Seoul, Seodaemun-gu, Seoul Police Station C of Seodaemun-gu, Seoul who was called up after receiving a report of 112 that fighting had occurred.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Filing a report on investigation (in the case of a witness of 112 reporter's statement), applying statutes;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the first offender who has no particular criminal history; and (b) the fact that the Defendant recognized all of his/her errors; and (c) reflects them; and (d) the Defendant’s age, sex, family relationship, living environment; (b) the means and result of the crime; and (c) the punishment is determined as ordered by taking account of the various circumstances, including the following circumstances.

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