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(영문) 서울서부지방법원 2016.02.11 2015고단3069

공무집행방해

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

The defendant, around November 14, 2015, around 00:34, at the street of the D convenience store located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu Seoul Metropolitan Government, he/she is leading the main operator to the floor.

On November 14, 2015, 200:50 on November 14, 2015, 2015, the police officers called "doctrine to enter the convenience store" after receiving a report 112 to the effect that "F (24) was invited to return home from Ggs belonging to the Seoul Yongsan Police Station E District, and Hab with the above police officers." The police officers called "I am to go to the house by using patrol vehicles" did not respond to the defendant's demand. However, the police officers "I am to go to the house."

The flag of the country's green refers to "laved lave lave lave lave lave lave lave lave lave," the name tag lave lave by the above police officer F was removed, and the chest of the above police officer F lave lave three times.

Accordingly, the defendant assaulted police officers, thereby obstructing police officers from performing their official duties on the protection of police officers' main officers and the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. 112 A list of reported cases;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Penalty)

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant was punished by drinking alcohol and using violence, etc. under the influence of drinking alcohol; the Defendant committed the instant crime against a police officer who was dispatched to a police station after receiving 112 report and who used official duties to safely return the Defendant to the Defendant; the degree and manner of the Defendant’s assaulting the police officer; etc., the Defendant’s liability for the crime is not against the Defendant.

On the other hand, there are reasons for considering the circumstances such as the defendant's violation of depth.

The sentence is determined as ordered in consideration of the above circumstances, reasons, and all of the sentencing conditions shown in the records and arguments of this case.