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(영문) 서울서부지방법원 2017.11.08 2017고단2522
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 200,000 won.

When the defendant does not pay the above fine, only 100,000.

Reasons

Punishment of the crime

around 20:30 on October 208, 2017, the Defendant was under the influence of alcohol at the Seoul Yongsan-gu Seoul Police Station C District District, Yongsan-gu, Seoul, and was found to have been in order to give friendship to police officers belonging to the said District District. On the ground that the Gyeong-gu Police Station D refused to do so, the Defendant was able to cut off the said D's knife once by hand, cut off the knife, cut off the knife at once, and continued to turn into the said District knife as well.

G. N. N. N. N.N. police

Before being able to take a bath, he saw the disturbance, and arrested a flagrant offender for this reason, and assaulted the body of the above D, such as several times, by taking the lock.

As a result, the defendant interfered with the legitimate execution of duties by police officers on the duty of maintaining public order, and led them to a riotous or disorderly speech or behavior by a very rough words or behavior at a public office without the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (field images);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Options of imprisonment with prison labor) concerning the facts constituting an offense, and Article 3 (3) 1 of the Punishment of Minor Offenses Act (selected of penalty);

1. Article 37, Article 38 (1) 3, and Article 50 of the Criminal Act to increase concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 334(1) of the Criminal Procedure Act provides that, in light of the contents and degree of assault, the responsibility for the crime is not less light of the motive used by police officers for the sentencing of the punishment of provisional payment order, and the circumstances after the arrest of a flagrant offender due to interference with the performance of official duties are not good after the arrest of a flagrant offender, a person is selected to be sentenced to imprisonment with prison labor for interference with the performance of official duties, taking into account the fact that there is no criminal record in addition to one punishment for a violation of the Punishment of Minor Offenses Act, the person is subject to suspended sentence, taking into account the fact that there is no criminal record, and the person is concurrently sentenced to a fine for a violation of the Punishment of Minor Offenses Act, and the punishment is determined as ordered

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