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(영문) 서울서부지방법원 2017.06.30 2017고단270
공무집행방해
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On January 4, 2017, around 21:56, the Defendant: (a) received a 112 report while making alcohol at the “C” coffee specialty store located in Eunpyeong-gu Seoul; and (b) received a request for returning home from E during the process of the police box to which he belongs.

Defendant was out of the above coffee specialty upon the request of the above police officer to return home, but the above police officer “I am, I am, I am, and I am immediately to the above police officer.

(h)be nationals;

“To read “” and again, to enter the said coffee specialty store, it was beyond the floor.

However, the above police officer attempted to set up the defendant by causing the defendant, but the defendant's "Iskin, skin, and sknish" to the above police officer.

“ Doing to read “” and making a back to the police officer’s back-hand hand at one time.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of the reported case and the protective measures against the principal police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

3. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is the price of the police officer in uniform, and thus, the punishment should be imposed upon the strict punishment. However, the defendant's mistake, the fact that the defendant misleads the police officer in his mistake, the defendant appears to have committed a crime by drinking and contingently, and there are no particular criminal records except for a fine once in 194, and in particular, there are no criminal records that do not interfere with the execution of official duties, such as the defendant's age, sex, behavior, environment, motive, means and consequence of the crime, etc., and the conditions after the crime shall be determined as ordered by the order.

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