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(영문) 서울남부지방법원 2018.07.25 2018고단1217
공무집행방해
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On March 11, 2018, around 04:22, the Defendant was unable to have avoided disturbance on the grounds that money was not withdrawn from ATM equipment under the influence of alcohol prior to the C convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government, and the police officers affiliated with the Young-gu Police Station D District Unit E, dispatched upon receipt of 112 report, embling the suspect’s home, and the Defendant’s flab “Ye flab, nbi B,” and the Defendant flabed the suspect’s home;

The police spaws have not been seen since the police spaws, and assaulted the victim's left side with spaws by cutting spaws of the victim's spaws.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of reported cases.

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 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 of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that a police officer who works for the defendant in uniform takes a bath, and when her booms is applied, the nature of the crime is not good in light of the father and method of assault, and the defendant's crime of this case is not only damaged by the public authority, but also the fraud of the police officer is also lowered.

However, given that there are favorable circumstances for the defendant, such as the fact that the defendant reflects the crime, has no record of criminal punishment exceeding a fine, and that the defendant seems not to have serious damage by directly suppressing police officers, etc., the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant’s age, sex behavior, motive and background of the crime, means and consequence, circumstances after the crime was committed, etc., and the conditions of sentencing indicated in the arguments and records of this case, including

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