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(영문) 서울동부지방법원 2017.04.27 2017고단698
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 February 25, 2017, around 00:20, the Defendant assaulted the police officer’s legitimate execution of duties concerning the protection of the life, body, and property of the people of the police officer, on the ground that the police officer B (55 years old) sent out after receiving a report from the service officer who was divingd on the 5-1 platform of subway stations, which was located in Gangdong-gu Seoul Olympic Games 776, on the ground that he was broken down by shaking B (5 years old) who was skeing the Defendant. On February 25, 2017, the Defendant took a bath to the face of B, and took a bath to the police officer C (46 years old) and B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each statement of D and C;

1. 112 Application of a detailed statement of the processing of reported cases, and statutes governing the E District Work Site;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime of this case is committed on the grounds that it is favorable for the police officer in uniform to commit the crime, such as the fact that the crime of this case was committed by assaulting him/her, and that he/she reflects his/her mistake, and other circumstances such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and circumstances after the crime are considered as above.

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