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(영문) 서울남부지방법원 2016.10.21 2016고단3950

공무집행방해

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

At around 14:10 on June 13, 2016, the Defendant: (a) sent out of a singing room by a singing room operator and a police officer called out after receiving 112 reports on the settlement of singing charges; (b) Company A, who was asked to return home from the singing room; (c) Company A, who was asked to see why she would not go out of the singing room; and (d) Company A, who was able to see why she would go out of the singing room; (c) Company B, who was on the floor of Yeongdeungpo-gu Seoul, was able to take a notice of the drinking disturbance from a police officer; and (d) Company A, who was able to take a notice of the drinking disturbance from a police officer, was on the floor of the two main illness, and was able to get a police officer on the street and got off the parked vehicle, who was in front of the police officer’s her to her ebbbbb, who was a police officer of the Seoul Police Station D zone.

As a result, the defendant interfered with the legitimate execution of duties of police officers in regard to 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. A written statement;

1. A copy of the work log in the D District;

1. Assault photographs of the victim;

1. Application of the Acts and subordinate statutes to photographs of two-way soldiers collected by the defendant;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing performance of official duties and the choice of fines);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The Defendant committed the instant crime during the period of repeated crime.

The crime of this case is highly likely to be committed by the defendant by assaulting a police officer to hinder the legitimate exercise of public authority.

Even before the crime of this case was committed, the Defendant was sentenced to a fine before the crime of this case, but failed to improve the character and behavior and the Defendant was not prosecuted several times, but committed violent crimes.