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(영문) 서울북부지방법원 2017.10.11 2017고단3081
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On July 22, 2017, the Defendant, while under the influence of alcohol around 07:49, was in front of C, located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and the Embryp police box affiliated with the Seoul Dongdaemun-gu Police Station D police box, and the assistant F, upon receiving a report that “the person is on the road,” was 112, sent to the site for the purpose of taking protective measures, and broken down the Defendant.

Then, the Defendant “I am the dye of the dye of the path day.”

The broken down of the shoulder shall be discarded.

”라고 욕설을 하면서 일어나지 않다가 갑자기 주변에 있던 소지품을 주우면서 발로 경사 F의 낭 심을 걷어찬 후 다시 위 F의 오른쪽 무릎을 걷어찼다.

In addition, when the defendant was in assaulted by the police officer who observed this appearance, he assaulted E, such as cutting the body of the above E and cutting it into a shot.

Accordingly, the defendant assaulted police officers F and E, thereby obstructing the legitimate execution of police officers' duties in relation to protective measures under the Act on the Execution of Police Officers' Duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement concerning G;

1. Application of Acts and subordinate statutes to a report on investigation (the list of 112 Reporting Cases);

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 40 of the Criminal Act of the Commercial Competition;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won;

2. The degree of assault against the public official determined to be sentenced is an unfavorable circumstance.

On the other hand, it is favorable that it is an initial crime with no criminal history, and that it is against contingent crimes.

In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.

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