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(영문) 서울남부지방법원 2015.10.20 2015고단3371

공무집행방해

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 14, 2015, at around 23:20, the Defendant: (a) placed a dog attached to the Cussusbus in Gangseo-gu Seoul Metropolitan Government on August 14, 2015; (b) interfered with the legitimate performance of public duties by the police officer, on the ground that E, a police officer belonging to the D Zone D District of Seoul Gangseo-gu Police Station, called upon receiving a report of 112 that he was used by the Defendant, has broken down himself; (c) placed him, and (d) put him a drinking, and “I saw, dead, dead, ma. . . . . . Chewing . . . .” while carrying out a bath theory, the Defendant laid down a dog attached to the E’s outer bus; (d) continuously embling him; and (e) interfered with the police officer’s 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the F and G respective Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine (a normal consideration considered below):

1. The punishment of the same fine as the disposition shall be imposed in consideration of the circumstances, such as the following: (a) the crime was committed against police officers with reasons for the sentencing of Articles 70 and 69(2) of the Criminal Act, which disturbs public order; (b) however, the crime committed by forceless contingent crimes; (c) the confession and depth of the crime was committed in this court; (d) the police officers who made efforts to severely recover from damage, such as submission of a written application to the effect that the police officers who caused the damage want to use the defendant, and (e) the fact that there was no force to commit any crime other than a fine once, by taking into account the fact that there was no force to commit the crime.