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(영문) 서울동부지방법원 2016.09.07 2016고단2384

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 July 20, 2016, around 06:00, the Defendant was unable to have the Defendant informed the Defendant of the police officer D and E belonging to the Seoul Songpa Police Station C District that he was dispatched to the site after receiving a report from 112 that the principal offender was protruding and diving in front of the parking lot at the entrance of Songpa-gu Seoul Metropolitan City B parking lot. The Defendant was able to get the Defendant by informing the Defendant that he was a police officer.

Therefore, when the above police officers demand returning home, the defendant was able to keep drinking to the above E, and caused buckbucks to bucks, and caused the above D to the right hand hand hand by assaulting the police officers to commit the crime prevention and investigation, public peace and order maintenance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of E;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not sufficient to form a crime of this case committed by a defendant who renders a bath and assault to police officers in the process of performing official duties. However, considering the fact that the defendant seems to have been under the influence of alcohol at the time, it is deemed that the defendant had been living in good faith as an initial crime, and is against the law, etc., the punishment should be determined like the order.