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(영문) 서울북부지방법원 2014.08.21 2014고단1527

공무집행방해

Text

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

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

Reasons

Punishment of the crime

The defendant is a taxi driver.

On April 5, 2014, at around 21:35, the Defendant: (a) received 112 reports from the former wife D who was divorced in Nowon-gu, Seoul Special Metropolitan City; and (b) obstructed the police officer’s legitimate performance of duties in relation to criminal investigation, on the ground that the Defendant issued a drinking alcohol disturbance to the former wife, after hearing the horses of the Defendant, he was sent to the site without hearing the horses of the Defendant; and (c) obtained a drinking alcohol disturbance; and (d) obstructed the police officer’s legitimate performance of duties in relation to criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes governing the G production;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment order is in dispute with the previous wife.

It is not easy to use violence against a police officer who was dispatched after receiving a report.

However, there are no records of criminal punishment prior to the instant case, the extent of assault is not excessive, the circumstance seems to be somewhat extenuating circumstances to consider the background of the instant crime, and the Defendant is going against and again going to avoid committing the same crime as the instant case, and other factors of sentencing, such as the background and form of the instant crime, the circumstances after the instant crime, the character and conduct of the Defendant, and the environment, etc., shall be determined as ordered by taking into account all the factors of sentencing.

It is so decided as per Disposition for the above reasons.