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(영문) 서울동부지방법원 2019.05.09 2019고단169
공무집행방해
Text

Defendant shall be punished by a fine of 6 million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On January 4, 2019, at around 11:30, the Defendant: (a) stated that the police officer slope D and E, who belongs to the Dongdaemun Police Station C commander of Dongdaemun-gu Seoul, Dongdaemun Police Station, citing the reasons for the 112 report in front of the building located in Dongdaemun-gu Seoul, would be able to see that the flag will be police officers; (b) the flag's chest part of the head Do; and (c) carried the flag with the vehicle passing through the flag to flag, and (d) brought the flag with D's breast part by hand, and continuously pushed the Defendant into the flag, who moved the flag to the road.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The fact that there are many records of punishment for the same kind of crime, including the records of punishment, and that the act of assaulting a police officer in the course of performing official duties is not good: The act of assaulting a police officer is not good: The degree of assault is divided and reflected, the degree of assault is not serious, and the conditions of sentencing specified in pleadings, such as the defendant's age, character and behavior, motive, means and consequence of the crime, etc., are considered.

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