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(영문) 서울중앙지방법원 2018.11.15 2018고단5936
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On June 30, 2018, at around 08:00, the Defendant was frighting a drinking fright on the frontway in Gangnam-gu Seoul, Seoul. On June 30, 2018, the police officer E belonging to the Gangnam Police Station D police box called up after receiving 112 a report, and the Defendant was able to remove this. The Defendant frighted the chest part of the police officer’s chest with the handbag of the Defendant’s handbag, with his left left part.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Act and subordinate statutes to one video CD on the face of a crime, and the photograph of a victimized police officer;

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 Defendant’s crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment was committed by assaulting a police officer who wears his uniform, and the nature of the crime is not good.

However, in consideration of the fact that the defendant recognized the crime of this case and is against the truth, the defendant has no record of being punished for the same kind of crime, and other circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, sexual conduct, environment, etc., and the arguments of this case, the sentence shall be imposed as ordered.

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