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(영문) 서울중앙지방법원 2016.11.29 2016고단7450

공무집행방해등

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 7, 2016, the Defendant: (a) 03:42, who was locked in front of Gwanak-gu, Seoul Special Metropolitan City; (b) took a bath to the police officer, without any justifiable reason, who was requested to return home from the police officer E and police officers belonging to the Seoul Gwanak-gu Police Station D District Police Station Down-gu, Seoul, and the police officer, who was dispatched after receiving 112 reports; and (c) assaulted the police officer, such as: (a) taking the following back of the police officer E one time by drinking him/her; and (b) continuously taking the right boom of the police officer F at one time.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

2. The Defendant damaged public goods at the time, time, and place mentioned in the above Paragraph 1. At the time, and place mentioned above, arrested a flagrant offender suspected of assaulting the police officers, and became aboard the back seat of the patrol vehicle, and as a result, it was incidental to the Defendant’s repair cost of approximately KRW 200,000 while walking the door of the patrol vehicle.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A detailed statement of checking and maintaining motor vehicles;

1. Application of the Acts and subordinate statutes concerning the photograph of a video closure;

1. Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties on Market);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

o Unfavorable circumstances: The degree of violence in the obstruction of performance of official duties is not easy.

o favorable circumstances: corresponding to several times.