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(영문) 서울북부지방법원 2016.11.02 2016고단3693

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On May 14, 2016, at around 23:10, the Defendant assaulted with D, an employee, without paying KRW 80,000,00, and was arrested in the act of assault from E, a police officer belonging to the Seongbuk-gu Police Station, who was dispatched after receiving a report 112, on the charge of assault, at around 23:10 on May 14, 2016, the Defendant obstructed a police officer’s legitimate performance of duties concerning the arrest of a flagrant offender by assaulting the above E’s right-hand kne, and continuously kne, walkinging on his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of work place);

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won;

2. The sentencing conditions, such as the Defendant’s age, character and conduct, and environment, shall be determined in light of the fact that there is no criminal history except that there is only one time, and that the Defendant’s age, character and conduct, and environment, which have been sentenced to a fine due to a violation of the Road Traffic Act.