beta
(영문) 서울남부지방법원 2016.04.21 2016고단358

업무방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On October 25, 2015, the Defendant: (a) around 23:30 on October 25, 2015, she spited, spited, or spited, without any reason, the victim D (43) who stops in front of the C Bank located in Gangdong-gu Seoul Metropolitan Government; and (b) obstructed the victim’s taxi business by taking advantage of, and taking advantage of, the alcohol, taking a bath for the victim; and (c) obstructed the victim’s taxi business for about 10 minutes.

2. Around October 26, 2015, the Defendant continued to spawn a failure, such as interfering with the performance of official duties, and assaulting E, who was passing through the place, at the same place, around October 26, 2015.

The circumstances leading up to the Seoul Gangnam Police Station F District Group G of the Seoul Gangnam Police Station, the police officer attempted to arrest the Defendant as a current offender, and the Defendant Defendant G and H expressed to the above G and H that “Y shall promptly remove the Defendant by asking the shoulder of the above G as “I am feas, dead, dead, dead, dead, pacta, shots, and shots only within her inner part,” and asking the Defendant as soon as possible.

Accordingly, the Defendant interfered with the legitimate execution of duties in relation to the arrest of flagrant offenders at the above G and H, and at the same time, damaged the right side part of the above G, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, D, and E;

1. Each written statement of D and E;

1. Application of the Acts and subordinate statutes on medical certificates and photographs damaged by victims G;

1. The point of obstructing the performance of official duties of theO under Article 314(1) of the Criminal Act for a crime: Article 136(1) of the Criminal Act for an injury to theO: Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a person who interferes with the performance of official duties and the crime of bodily injury: Aggravation of the punishment determined for the crime of bodily injury heavier than the punishment prescribed in the heavier judgment);

1. Selection of each alternative fine for punishment;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment provided for in the judgment with the largest punishment);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act appears to be the defendant's confession and reflective attitude.