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(영문) 서울서부지방법원 2016.07.01 2016고단1136

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

On March 26, 2016, around 22:55, the Defendant was under the influence of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and had a taxi engineer and a horse dispute with the taxi charge. On the ground that the Gyeong-gu, Seoul Western Police Station C Gyeong-gu, Seoul, who was dispatched to the site after receiving a report of 112, solicited him to return home, and caused him/her to be under the influence of D such as D by hand.

The defendant continued to be arrested in the act of committing the crime and was in the back seat of the patrol vehicle and was escorted, when he was her at the top of the patrol vehicle, he saw the left side of D, one time as his hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order and crime control.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of the Acts and subordinate statutes concerning the photographs of violence committed against D;

1. Relevant legal provisions of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts, the selection of fines (in depth and there is no record of criminal punishment for the last fifteen years or more, and considering that there is no record of past criminal punishment for the same kind of crime, etc.);

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

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