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(영문) 서울중앙지방법원 2018.01.24 2017고단8168
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 16, 2017, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on the 24th day of the same month.

On October 1, 2017, around 08:55, the Defendant: (a) reported 112 at the front of the delivery of the police box located in the Dongjak-gu Seoul, Dongjak-gu, Seoul, to the Defendant before the police box, and had the Defendant under the influence of alcohol, and threatened the Defendant, without any particular reason, with drinking water contained in the paper cup, to the security guards belonging to the Seoul Dongjak-gu Seoul Police Station C police unit, and with drinking water.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. References to inquiries, such as criminal history, reports on the results of confirmation of the previous conviction of the disposition, copy of the judgment of the Seoul Central District Court 2017 High Court 6901 High Court and application of the search statutes of the Supreme Court

1. Relevant legal provisions concerning criminal facts, Article 136(1) of the Criminal Act of the choice of punishment, the selection of fines (the degree of confession, reflectivity, interference with the performance of official duties, the absence of any of the same power, the previous conviction in the judgment, and the relationship of single concurrent crimes after Article 39 of the Criminal Act shall be considered when the judgment is rendered simultaneously);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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