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(영문) 서울중앙지방법원 2016.05.26 2015고단4020 (1)
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 May 23, 2015, the Defendant: (a) around 03:15, in front of Jongno-gu Seoul Metropolitan Government, “A guest spaws to his spaws to his spaws;” (b) in front of Jongno-gu Seoul Metropolitan Government, the Defendant: (c) reported 112; and (d) in order to take protective measures for the Defendant who is enjoying on the road by the police box affiliated with the Seoul Shi-ro Police Station D, which was called out after receiving a report by the Defendant, the Codefendant F

“In the end, the part of the above E was sealed by hand, such as pushedping, selling, etc., and the above F was assaulted by the Defendant, i.e., attempted to arrest the Defendant’s act in flagrante with suspicion of interference with the performance of official duties, the above E’s chest was sealed by hand, and his hand was knifeed.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are against the recognition of the criminal act by the defendant, and the degree of tangible power exercised by the defendant is relatively small, and the defendant's age, sex, environment, motive and result of the criminal act, and the circumstances after the criminal act are considered, and the punishment shall be determined as ordered by the order, taking into account the various sentencing conditions as shown in the arguments in the instant case.

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