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(영문) 서울동부지방법원 2018.01.19 2017고단3938
공무집행방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 29, 2017, around 05:45, the Defendant: (a) in front of “D cafeteria” located in Songpa-gu Seoul, Songpa-gu, Seoul; (b) received a 112 report that fighting occurred and demanded the Defendant to return home from E during the process of the Seoul Song-gu Police Station’s assignment of the police station; and (c) assaulted E’s vessel and the right mouth to have a power to return home; and (d) interfere with the police officer’s legitimate performance of duties concerning the handling of reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

The favorable circumstances: the first offense.

In the process of preparation for employment, the crime of this case committed after being taken in the course of preparation for employment is led to confession and reflect.

It is not a serious letter of assault.

The crime of obstructing the execution of official duties of this case is an offense that undermines the function of the State by nullifying the legitimate exercise of public authority, and there is a need to strictly punish the defendant.

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