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(영문) 서울중앙지방법원 2017.11.09 2017고단6402
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 August 29, 2017, at around 22:57, the Defendant 30, the Jung-gu Seoul Central District Court 2017, and on the front of the hotel new site, “A drinking person fright fright,” she spited C’s face while the police box B, who called the Defendant at the scene after receiving a report 112, she spited C’s face. The Defendant continuously spited C’s face. The Defendant spited C’s fright to fright the fright to fright the fright to fright and re-under the fright to fright the fright to fright and fright to fright the fright to fright the fright to fright, and intending to fright the fright fright to fright the fright fright to fright the fright to fright the fright.

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 against C;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act, the choice of fines for criminal facts, and the choice of fines;

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

1. Crimes revealed in the contents, methods, etc. of violence used against police officers with reason for sentencing of Article 334(1) of the Criminal Procedure Act are not good.

However, as a contingent crime committed under the influence of alcohol, the punishment of fine like the disposition is imposed by comprehensively taking into account the following factors: (a) the defendant committed a contingent crime while under the influence of alcohol: (b) the defendant seriously repents his/her mistake; (c) the result of injury to the victimized police officer has not occurred; (d) the defendant is a large enterprise employee; (e) the defendant is punished by a suspended sentence or higher due to the instant case; and (e) the defendant's age, sexual behavior, environment, circumstances after the crime; and

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