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(영문) 서울중앙지방법원 2017.09.21 2017고단4848
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 21, 2017, the Defendant participated in the D Assembly hosted by C in the delivery of the So-called So-called So-called So-called So-called So-called So-called Seoul Jung-gu, Seoul, 99.

At the time, some of the participants in the assembly in India, including the Defendant, went off to the roadway, and therefore, the auxiliary police officers belonging to the same company, such as E serious auxiliary police officers F (20 3) affiliated with the Seoul Regional Police Agency, installed the order maintenance line to prevent accidents, and the participants in the assembly do not exceed the above order maintenance line to the participants in the assembly, and the Defendant is "F", "F," and "F," tightly pushed the above F's body part into a hand, and the above F said F said F said "F" was called "F," and "I am at the right side of the above F in drinking," and "I am at once."

Accordingly, the defendant assaulted police officers to interfere with the legitimate performance of duties concerning the maintenance of order at the assembly and demonstration site.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, H, I, and J;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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. In order to establish the legal order of the country with reason for sentencing under Article 334(1) of the Criminal Procedure Act and eradicate public peace, there is a need to strictly punish a crime that interferes with the performance of official duties, and the Defendant assaulted a police officer who performs duties to maintain order at the scene of assembly and demonstration, which is disadvantageous to the nature of such crime.

However, the arguments of this case, such as the Defendant’s confession to commit the crime of this case, the fact that the Defendant was the first offender who has no record of the crime, the fact that the degree of damage by police officers is relatively minor, and the Defendant’s age, sex, environment, family relationship, means and result of the crime, etc., are revealed in the arguments of this case.

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