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(영문) 서울서부지방법원 2019.06.13 2019고단573
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On November 25, 2018, the Defendant: (a) around Mapo-gu Seoul, and around 00:35, around 200:00:35, the Defendant: (b) confirmed the reported matters and demanded that D, a police officer belonging to the Mapo Police Station C Zone C District of Mapo Police Station, who was called out after receiving a 112 report, returned to the Defendant; (c) was on board the police vehicle; (d) prevented the police vehicle from driving ahead of the police vehicle; and (d) led to the police vehicle, and (e) led to the police vehicle.

The defendant must return home.

As a result of boarding a police vehicle while carrying the Gu, the police vehicle is unable to depart from the police vehicle due to the chief knife of the police vehicle, and D must return home again.

When boarding a police vehicle while driving in the Gu, the police vehicle could not start because the police vehicle was followed by the chief knife of the police vehicle.

The Defendant continued to remove the Defendant’s hand, which is getting off from the police vehicle, from the Defendant’s hand, who prevents the police vehicle from going off, pushed off the Defendant’s chest with both arms, and returned home to the Defendant.

As the Gu is boarding the police vehicle, the police vehicle could not start due to the driver's seat knife.

As a result, the defendant assaulted the police officer on the handling of the 112 reported case, thereby hindering the police officer's legitimate execution of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of the Investigation Report (No. 6,7,8,12,13,14)

1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. The punishment as ordered by the court shall be determined in light of the reason for sentencing under Article 334 (1) of the Criminal Procedure Act, the confession, reflectivity, the fact that there is no record of crime, the age, character and conduct, family relationship, etc. of the

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