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(영문) 서울남부지방법원 2018.10.24 2018고단1736
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

around 02:50 on March 31, 2018, the Defendant entered a car parked in front of Geumcheon-gu Seoul, Geumcheon-gu, Seoul. Around 02:50, the Defendant: (a) was under the influence of alcohol and was asked about personal information, etc. from police officers E and F belonging to the Seoul Geumcheon Police Station D Boxes, who called upon the report of the above C 112; (b) took a bath to the said C; and (c) met the above E, the Defendant took a bath to the police officers; (d) boomed the parts of the above E; (b) was tightly sealed on two occasions by hand; (c) the breast part of the chest was tighted twice by hand; and (d) the said F was tightly pushed up two times by hand.

The Defendant assaulted police officers E and F, thereby obstructing police officers from performing their legitimate duties on the prevention of crimes and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation (verification of documentary evidence by police officers without mobilization);

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

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

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant's crime of this case was damaged by public authority, and the police officers' fraud seems to have been diminished.

The favorable circumstances: the defendant recognized the crime and reflects the mistake.

The degree of interference with the execution of official duties shall not be severe due to a minor contingent crime committed while under the influence of alcohol.

There is no history of criminal punishment for the defendant after 1997.

The health condition of the defendant is not good, and the damaged police officer wants to take the seat of the defendant.

As above, the Defendant’s punishment as ordered shall be determined by comprehensively taking account of the circumstances unfavorable to the Defendant, such as the Defendant’s age, sexual conduct, motive, background, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., and the sentencing conditions

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