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(영문) 서울남부지방법원 2018.06.26 2018고단1656
공무집행방해
Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

around 04:30 on January 20, 2018, the Defendant: (a) received a report from a police officer D and E who belongs to the Seoul Geumcheon Police Station C police station, who was dispatched to the site on the street at the entrance of Geumcheon-gu Seoul, Geumcheon-ro 96, Geumcheon-gu, Seoul, “Saembing a large social gathering tech 8 vehicle”; and (b) failed to comply with the recommendation to have the police officer go home from the police officer D and E, who was dispatched to the site, and did not comply with the notification; and (c) prevented the police officer from getting on the patrol vehicle in front of the above patrol that the police officer attempted to go to go to the patrol vehicle; and (d) prevented the police officer from getting on the patrol vehicle.

As such, the Defendant assaulted police officers D and E, thereby obstructing police officers from performing their legitimate duties relating to the maintenance of order and prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 136 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The decision of a fine shall be made in the same way as the disposition thereof, taking into consideration the following factors: (a) the violation of the reason for sentencing under Article 334(1) of the Criminal Procedure Act; and (b) the initial offender and the degree of assault are not serious; and

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