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(영문) 서울중앙지방법원 2017.10.26 2017고단5555
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On 26. 00:45 on 2017. 26. 00:45, the Defendant was on board an individual taxi and arrived in front of the Gwanak-gu in Seoul Special Metropolitan City, the destination of which was 145.

Although the defendant arrived at a destination, the above D reported 112 to request the help of unclaimed in the taxi, and thereby, H arrived at the site by the slope G and police officer belonging to the Seoul Maak Police Station F District.

Since then, on the grounds that the above G is shouldered and used in the Republic of Korea, the Defendant: “I am off this part of the G and H, and since this part of the G and H, you have to do so.

Doz. Doz. Doz.

"I am the bath of ", I am the face of the above H several times, am the head of the drinking, and am the head of the nearby chemical group, and am the head of the H's face.

As a result, the Defendant interfered with the legitimate execution of duties by the police officer on the dispatch of 112 report.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with H;

1. Written statements of D;

1. Application of the Acts and subordinate statutes governing video CDs at the scene of crime;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment was that the Defendant interfered with the police officer's performance of official duties by placing a police officer in the course of performing official duties, leading him/her to drinking, and leaving leaves, and the crime of this case is not good.

However, in consideration of all the circumstances shown in the arguments of this case, such as the fact that the defendant is against his mistake, the fact that the defendant seems to have committed the crime of this case contingent, the fact that there is no record of punishment exceeding the fine, and the defendant's age, sexual conduct, motive for the crime and circumstances after the crime, etc., the punishment of fine like the order shall be imposed only once.

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