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(영문) 서울동부지방법원 2019.01.24 2018고단3370
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On September 8, 2018, at around 01:10, the Defendant used on the street in front of C Real Estate located in Gwangjin-gu Seoul Special Metropolitan City, for drinking alcohol. The Defendant, upon receiving 112 a report, displayed the above E on his hand by hand, who was solicited to return home by a police officer belonging to the Seoul Mine Police Station D District Unit E, etc., called the above E, and when he was subject to the restraint, the Defendant saw the above E on one occasion as a son, who was able to take a bath as a "non-legal principle of tax imposition and exemption."

As above, the Defendant interfered with a police officer’s lawful performance of duties in relation to the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A investigation report (cases concerning the confirmation of the CCTV images at the site and on-site);

1. Application of each CD-1 statute

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the use of violence against police officers who conduct legitimate public duties in order to help the defendant himself/herself is not good.

However, in consideration of the favorable circumstances, such as the fact that the defendant repents and reflects the wrong, the first offender, etc., the punishment shall be determined as per the order.

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