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(영문) 서울동부지방법원 2018.12.14 2018고단3233
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

Criminal facts

On September 16, 2018, the Defendant: (a) on board a taxi operated by C at around 01:15, and arrived in front of the exit of 1,00 Aksan-ro, Seongdong-gu, Seongdong-gu, Seoul; and (b) after receiving a report from the above C, the Defendant took a bath to the said C; (c) recommended the Defendant to return to the Defendant by the police officer affiliated with the D District Team of the Seoul Seongdong-dong Police Station, Seongdong-gu, Seoul, to the Defendant, who was dispatched after receiving the report from 112, stating that “the guest will take a bath and interfere with the operation of the patrol; and (d) upon boarding the patrol, the Defendant interfered with the operation of the patrol car by getting off the patrol car; and (d) E was landed from the patrol car, “the qui to take the left hand of the E, and the qui to the F of the said earth’s qui to the right hand.”

Accordingly, the defendant has prevented police officers from performing their legitimate duties in relation to 112 reporting management affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. A photograph of the upper part of the victim E loss, etc.;

1. The application of Acts and subordinate statutes to report on investigation (to hear statements by victimized police officers);

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment imposed on a police officer E with heavier punishment than punishment)

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the instant crime is that the Defendant’s use of violence against two police officers and interfered with the performance of official duties.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and against his mistake, and during that period, the primary offender who has no record of criminal punishment is considered as a favorable to the defendant.

In addition, the defendant's age, sex, motive and circumstances of the crime, means and results of the crime, and the circumstances after the crime, etc.

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