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(영문) 서울동부지방법원 2016.10.21 2016고단2732

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 02:10 on August 13, 2016, the Defendant: (a) discovered the circumstances leading up to the police officer D belonging to the Seoul Gwangjin Police Station C District District, which was dispatched upon the Defendant’s 112 report; and (b) expressed that the Defendant’s report does not have any grounds for the Defendant’s entry; (c) expressed the Defendant’s intent to “Is that Is that Is that Is that I would like to go to the police officer who would go to the patrol for other patrol duties; and (d) asked the police officer who tried to go to go to the patrol for other patrol duties, “Is that I would go to go to the patrol; (d) Is that Is that I would go to go to the police officer? Is that Is that I would go to go to go to the front of the police officer’s face; and (e) assaulted the police officer’s face to interfere with the police officer’s criminal prevention, investigation, public order and order maintenance.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A E-document;

1. Application of Acts and subordinate statutes to each report on investigation;

1. Relevant legal provisions concerning criminal facts, Article 136(1) of the Criminal Act of the choice of punishment, the selection of fines (it is not easy to see that police officers, who have worn a bit uniform, take into account that the circumstances after the crime are relatively good, such as: (a) although the defendant is deemed to have committed an act of mistake and reflect his/her behavior; (b) the extent of assault is relatively minor; and (c) the defendant has no criminal records of obstruction of performance of official duties and fines exceeding 10 years; and (d) the defendant has no criminal records of obstruction of official duties and penal records exceeding fines);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;