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(영문) 서울중앙지방법원 2016.08.16 2016고단1262

공무집행방해등

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On December 20, 2015, the Defendant interfered with the performance of official duties: (a) on the part of the Seocho-gu Seoul, Seocho-gu Office for the 41-ro 95-gil, Gangnam-gu, Seocho-gu, Seoul, “Seo-do Office for the Postal Affairs,” who received a report that there was a disturbance of a disturbance, and received an inquiry from C about the circumstances of the instant case, during the region belonging to the District Party B of the Seocho-gu Police Station B, Seocho-gu, who was dispatched,

how or not to pay taxes;

The face of C by drinking is 2 times, bru and flab, and flabed with hand in order to cut off the cell phone, which was used to flab, and flab the cellular phone, which was used to flab.

In addition, when the Defendant was arrested as a flagrant offender due to the suspicion of assault and damage to property and was in the patrol vehicle, the Defendant committed assault, such as inserting the back seat of the vehicle, inserting it into a brush with the back seat of C, and cutting off the face of C.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention of crimes and investigation.

2. The Defendant damaged property at the same time and place as above, and at the same time and place, the victim C attempted to take a cell phone image image to evidence the above assault act, and the victim’s cell phone value at the market price owned by the victim, which is 1.1 million won of the victim’s cell phone, was laid off on the cell floor and broken down the cell phone.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Written statements of D;

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 6);

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) (the point of obstructing the performance of official duties), 366 of the Criminal Act, and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Based on the grounds for sentencing of Article 334(1) of the Criminal Procedure Act, the sentencing conditions shown in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, are considered as follows.