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(영문) 서울남부지방법원 2015.03.12 2015고단206

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On November 25, 2014, the Defendant: (a) 23:20 on November 25, 2014, at the D store located in Gangseo-gu Seoul Metropolitan Government “C”; (b) was drunkly drunked by a person under the influence of alcohol; (c) the police officer, who was a police officer of the Seoul Gangseo-gu Police Station E zone, was able to wear a uniform called up upon receiving a report of 112 that he was under the influence of alcohol; (d) the police officer, who was a police officer assigned to the E zone of the Seoul Gangseo-gu Police Station, was fright the Defendant, and was frighted to the police officer, she was frighted to the Defendant, and was frighted to the bit of a bitch bit of a bitch son.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report handling.

2. The Defendant destroyed and damaged property at the above date, time, and place, and damaged the interior decorations (Drode) equivalent to KRW 70,000, the market price owned by the victim G (M, 46 years old), the main owner of the said D shop.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to police statements made to F, H and G;

1. Article 136 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Crime of Obstruction of Performance of Official Duties);

1. Selection of a selective fine (a fine shall be imposed, in consideration of the fact that the defendant was found to have taken the house and used violence, but it cannot be deemed that the defendant had a heavy drinking condition at the time and the degree of intention to commit the crime cannot be deemed to be heavy; and that the defendant had no power to be punished prior to the instant case, etc.);

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;