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(영문) 서울남부지방법원 2019.01.17 2018고단4250
공무집행방해
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On August 13, 2018, at around 03:47, the Defendant: (a) received a report from the Defendant’s house located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, on the 112th day before the Defendant’s house, that “a person was entering his house, and was cut on his scam and scambling with him; (b) the Defendant scamed the Defendant who scam for a disturbance, such as passing through sound by the policeman D belonging to the Yeongdeungpo-gu Police Station C District of the Yeongdeungpo-gu Police Station, called “scambling”; (c) the Defendant scambling him by taking the trees of the policeman; (d) the Defendant scaming him by taking the trees of the policeman with his hand; and (d) the Defendant arrested the Defendant and scambling him only once in the body of the defective E police officer intending to board the patrol vehicle.

At around 03:52 on the same day, the Defendant continuously spited the facts arrested of flagrant offenders at the C District D District Office located in Yeongdeungpo-gu Seoul Metropolitan Government, and expressed three times the face of police officers E, and “the same bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Investigative reports (verification of field documentary evidence, images, etc.), and photographics by capturing a documentary evidence image;

1. Application of statutes, such as photographs of victims;

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. The sentencing conditions indicated in the records, such as Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., under the reason of sentencing under Article 334(1) of the Criminal Procedure Act, shall be determined as ordered by taking into account the following circumstances, and the sentence as ordered by the court.

Unfavorable circumstances: Crimes of obstruction of the performance of official duties are crimes that undermine the function of the state's legal order and require strict penalties, spits or spits the face, etc., which are very poor in the method of crime

(k) in favor of.

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