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(영문) 서울남부지방법원 2018.02.09 2017고단6470
공무집행방해
Text

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

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

Reasons

Criminal facts

On October 19, 2017, the Defendant, at the Gu office of the Gangseo-gu Seoul Police Station located in Gangseo-gu Seoul, Gangseo-gu, Seoul, and at the Gu office of the Seoul Police Station located in Gangseo-gu, Gangseo-gu, Seoul, and was notified by the police officers assigned to B police station of the Seoul Gangseo-gu Police Station, and was controlled by C.

On October 19, 2017, the Defendant: (a) returned to the above location on October 19, 2017; and (b) the police officer D belonging to the above boundary zone, who was working in the shift of work, prevented the Defendant; and (c) carried out d with the left arms the chest part of D with the left arms.

As such, the Defendant assaulted police officers D and interfered with legitimate execution of duties concerning the prevention of crimes and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is not good in light of the background and form of the crime in this case. However, the punishment as ordered is determined by taking into account the following factors: (a) the defendant committed the crime in this case while being aware of the crime in this case; (b) the police officer does not want the punishment of the defendant; (c) the victim police officer does not want the punishment of the defendant; (d) the defendant's age, sexual conduct, environment; (d) the motive, means and consequence of the crime in this case; and (e) the circumstances after the crime in this case and all the conditions of sentencing as indicated in the theory of the change.

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