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(영문) 서울북부지방법원 2017.12.14 2017고단4265

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 21, 2017, at around 21:20, the Defendant 1 took a bath in front of the Mandong-gu, Seoul Special Metropolitan City, Nowon-gu, for drinking without any justifiable reason. Around October 21, 2017, the Defendant 112 reported the 112 of the Nowon-gu Police Station B while taking a bath to “the same public official kids” without any defect in seeking to listen to the circumstances of the instant case.

The Defendant continued to repeat the abusive theory, and told that he will die in the surrounding person, and flash it, and the background C told that “Is it to satisfy, satfy,” which reads that “Is it to satfy, satfy it,” and batd C’s shoulder part once with two descendants, and satfy with the hand floor.

As a result, the Defendant interfered with the legitimate execution of duties concerning the dispatch of report and the handling of the case by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the respective Acts and subordinate statutes of D and E;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment was that the Defendant committed an act of disturbance, such as humping and noise around the subway station.

As a result, a number of reports were received, and the defendant would be able to take a bath and die to the police officer dispatched to the scene.

The act of threatening violence and exercising violence was committed.

However, the defendant is in depth against the defendant when committing the crime of this case.

In contingent, the Defendant committed the instant crime. While having been convicted of a fine, the Defendant did not have been punished for the same kind of crime or violence.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.