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(영문) 서울동부지방법원 2015.10.21 2015고단2492
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

At around 23:10 on August 7, 2015, the Defendant expressed a desire to “I am the police officer’s body,” on the ground that the police officer E, who was called by the Defendant after receiving a report from 112 that the Defendant was booming a woman working alone, asked the above woman to ask for the circumstances leading up to the second injury of the vehicle, and interfered with the police officer’s legitimate performance of duties concerning the prevention, suppression and investigation of the crime, public peace and order, and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing order of provisional payment order is that the police officer received a report and confirmed the contents of the report, and the defendant and the police officer did not need both of them. The police officer continued to ask the suspect for his/her abusive and assault against the police officer.

Although confirming the suspicion of crime is a legitimate execution of duties by the police, the defendant has expressed a desire to go through the police officer's attitude and assault.

However, the degree of violence is not severe, and the circumstances leading to the defendant's commission of crime may be considered as above, and the punishment shall be determined as per the order.

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