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(영문) 서울중앙지방법원 2014.07.01 2014고단3338

공무집행방해

Text

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

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

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) in the vice branch of the Incheon District Court on September 29, 2011 and completed the execution of the sentence on December 14, 2012.

【Criminal Facts】

At around 10:30 on April 2, 2014, the Defendant: (a) committed violence against the Defendant, who refuses to search belongingss at the Seoul High Court-Class 1’s second floor entrance search team located in Seocho-gu Seoul, Seocho-gu, on the ground that “from the next, it is necessary to properly pass through the search team” on the ground that the Defendant, who is a public official belonging to the above court, “from the next time, you should turn off the search team, and turn off the search team, and put the search team to the search team, thereby blocking the Defendant’s act of blocking the search team, without taking the above act of the Defendant to take a Handphone, to cut off the official identification card flicked in order to take the above act of the Defendant’s cellphone, and to take the handphones with the search seal, thereby obstructing the Defendant’s legitimate execution of duties in relation to government office expenses by assaulting the victim’s hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes of investigative reporting (ctv Confirmation and cd Attachment);

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

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is the same kind of crime before, and in light of the fact that the crime of this case is a crime during the repeated crime period, the Defendant’s criminal liability cannot be deemed to be light. Meanwhile, considering various sentencing conditions indicated in the record, such as the fact that the Defendant did not directly tangible the body of the public official and that the degree of damage is relatively small, it is somewhat harsh to sentence sentence on the ground that it constitutes a crime during the repeated crime period.