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(영문) 서울북부지방법원 2017.06.28 2017고단1658

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On March 14, 2017, at around 01:48, the Defendant: (a) committed assault, such as flabing D on the street in front of the C cafeteria located in Seoul Special Metropolitan City, Nowon-gu; (b) as the victim E was removed from the victim E; and (c) in his/her hand, flabing flab; and (d) the said D and the victim operated the victim to avoid the Defendant.

F 24,575 won of the market value was damaged to the above K5 vehicle while boarding the F K5 vehicle as a elbow.

2. On March 14, 2017, at around 01:55, the Defendant obstructed the performance of official duties, at around the street of the C cafeteria located in Nowon-gu in Seoul Special Metropolitan City, and at around 112, the Defendant: (a) the police officer affiliated with the Seoul Nowon-gu Seoul Nowon Police Station G G G gu in Seoul Special Nowon-gu, Had the Defendant; (b) Had the Defendant at the time of drinking her face.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and H;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense, and Article 366 of the Criminal Act concerning the choice of punishment (opportune selection) and Article 136 (1) of the Criminal Act;

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

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the defendant was punished as an act of violence, the fact that the victim E does not want the punishment of the defendant, the age, sex, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, etc. are determined as the same as the order;