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(영문) 서울중앙지방법원 2016.08.26 2016고단4351

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On June 23, 2016, around 02:45, the Defendant assaulted the Defendant on two occasions in hand, without any particular reason, at the front of Gwanak-gu in Seoul Special Metropolitan City, on the following occasions: (a) around 02:45, the Defendant reported 112 cases of assaulting D under the influence of alcohol, and sent it to the site as a refined tea, and caused the Defendant who was under way, leading up to the path.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the G’s written Acts and subordinate statutes;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act do not seem to be against the Defendant’s liability for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, but, in light of the fact that there is no previous conviction, contingent crimes, the fact that the victimized police officer wants to take the Defendant’s wife, and other circumstances, such as the Defendant’s age, sex behavior, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the argument of this case, the punishment shall be determined as ordered in light of the text.