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(영문) 서울북부지방법원 2016.11.23 2016고단2507

경범죄처벌법위반등

Text

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

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

Reasons

Punishment of the crime

1. Around 05:50 on June 8, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) the police officer, who was a police officer belonging to the Seoul Gangseo-gu Police Station, called the Seoul Gangseo-gu Police Station, dispatched after receiving a report of 112 at the front of the C main office located in Gangnam-gu Seoul, and prevented the Defendant from performing official duties due to a humbing and humbing that “I see this son, I am well fight, and I am dead.”

2. When the Defendant was arrested as a flagrant offender on the above date, at the above place, and moved the patrol vehicle to the Seoul Gangseo-gu Seoul Southern Police Station on the ground as seen above, he saw that he was a police officer belonging to the Seoul Gangnam-gu Seoul Gangnam-gu Seoul Southern Police Station, “I am, hick, ring, shot, dead, and discarded, I am sound, and am the inside partitions of the patrol vehicle, and the above E was tightly sealed with the victim’s shoulder, and the victim’s shouldered the shoulder, and the leg was removed, and the victim was assaulted on the left shoulder.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders and the investigation of the case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on photographs of damage;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of fines), and Article 3 (2) 3 of the Punishment of Minor Offenses Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 10.2 million won;

2. The sentencing conditions, such as the Defendant’s age, character and conduct, environment, etc., shall be taken into account in light of the fact that there is no record of the same crime, which is committed by violence except that sentenced to a fine by around 2004, and that the Defendant supports two minor children.