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(영문) 서울남부지방법원 2016.09.02 2016고단3208

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On April 7, 2016, at around 03:06, the Defendant was arrested as a flagrant offender at the Guro-gu Seoul Police Station B located in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul, and handed over the above police station to the police officers who belong to the police station C, on the ground that the above C was unlured by unlurbing the wall that the Defendant was seated by unlurbing the wall, and caused the Defendant to turn back to the left part of the C one time.

Accordingly, the defendant assaulted C who is a police officer, thereby obstructing the police officer's legitimate execution of duties concerning criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement regarding C;

1. Written statements of D;

1. Investigation report (detailed details and results of telephone conversations);

1. Result of the investigation report (CCTV image analysis result);

1. A report on dispatch to the scene;

1. Photographss of the Guro police station by cutting down CCTVs;

1. Application of B CCTV video-related Acts and subordinate statutes;

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 of the provisional payment order: The defendant's assaulting a police officer to hinder the exercise of legitimate public authority is not less complicated.

The defendant's mistake is recognized in favor of the favorable circumstances.

The victim police officer expressed his/her intention that he/she does not want to punish the defendant.

(No. 66 pages). There is no history that the defendant has been punished.

No further damage was caused to the victimized police officer, such as inflicting an injury.

In light of the above favorable circumstances, the defendant shall be sentenced to a fine, but the above unfavorable circumstances, the circumstances leading to the defendant to the crime of this case, the behavior and degree of assault, the circumstances after the crime of this case, and other circumstances which form the conditions for sentencing as shown in the records and arguments of this case, including the defendant's age, character, conduct and environment, shall be determined as ordered by the court.