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(영문) 서울중앙지방법원 2018.10.24 2018고단5173
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 25, 2018, from around 04:38 to 04:53 on the same day, the Defendant reported that the Defendant did not pay the food value before the “C cafeteria” located in Gwanak-gu, Seoul Special Metropolitan City, and notified the Defendant of the circumstances belonging to the D District Police Station D in Seoul, which was called out after receiving 112 a notice to the Defendant in a non-exclusive manner, on boarding the patrol vehicle, and on boarding the patrol vehicle; and on boarding the patrol vehicle, the Defendant stated the objection to the notification; and

There is no such case.

one-time.

"At the time of the patrol in front of the patrol vehicle", the driver's seat was opened by force in front of the patrol vehicle, and the above E was prevented from leaving the Defendant from the patrol vehicle, and the E was assaulted by hand in several times.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the maintenance of public peace and order as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. Application of investigation reports (verification and attachment of video recording images of mobile phones) Acts and subordinate statutes;

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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the defendant could have been punished by a fine due to interference with the performance of official duties or interference with business in the past, he/she again committed the crime in this case.

However, it seems that the defendant reflects the crime, and the degree of tangible power exercised by the police is relatively not much serious, and there is no criminal record of suspended execution or more.

In addition, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances after the crime, shall be equally considered and sentenced to the same sentence as the order.

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