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(영문) 서울서부지방법원 2017.07.20 2016고단3927

공무집행방해

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

On December 4, 2016, the Defendant: (a) around 01:00, at the service center of the subway line No. 2, the subway station located in Mapo-gu, Seoul, 160, demanded the return of the subway charges; (b) took a dynamic image photograph using a cellular phone to take the face of the service site C; (c) was sent by the Defendant, upon receiving a report from the police officer E, etc. belonging to the Seoul Mapo-gu Police Station D to take a dynamic image of the face of the said C, the Defendant was able to take the fluorous image from the police officer E, etc., who was called up after receiving a 112 report that the Defendant took a bath and fluoring the fluor; and (d) was fluord with the chest part of the said E, and fluord with the outer part of E, and fluor in the outer part of E.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. C’s statement;

1. Application of the Acts and subordinate statutes to photographs wearing firearms, photographs photographing the suspect himself/herself in the course of arrest;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the degree and risk of tangible force and the initial offense committed by the Defendant to police officers who perform their official duties in a legitimate manner; and all the factors of sentencing, including the background leading to the commission of the offense; the age of the Defendant; the sexual conduct; and the environment.