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(영문) 서울동부지방법원 2017.05.11 2017고단522
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 9, 2017, around 18:32, the Defendant reported 112 that a person under the influence of alcohol was diving on the road in Songpa-gu Seoul, and sent the sloping D, a police box affiliated with the Song-gu Police Station C police station, to have a locked of the Defendant, walked E on two occasions, walked the bridge, and d face on the floor of the hand.

Accordingly, the defendant assaulted police officers to handle 112 reported duties, and interfered with their legitimate execution of duties concerning public order and citizen safety.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and D;

1. A written statement;

1. Application of the Act and subordinate statutes to the investigation report (on-site CCTV investigation);

1. Article 136 (1) 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 sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shall be determined as ordered by comprehensively taking into account the following circumstances and other various conditions of sentencing as shown in the records.

112 Cases of assaulting a police officer dispatched upon receipt of a report, which are not well-grounded in the nature of the crime, but are not serious in the degree of interference with the execution of official duties, and there are only criminal records of fines to the defendant, and are against the depth of the crime.

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