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(영문) 서울중앙지방법원 2013.05.02 2013고단1391

공무집행방해

Text

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

When the defendant does not pay a fine, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. On March 17, 2013, at around 02:45, the Defendant reported to the effect that the Defendant was “influence” in 112 as he was assaulted by the Defendant’s male-gu in Gangnam-gu Seoul Metropolitan Government B 101.

The Defendant, upon receiving a report, expressed that D (the age of 31) was a policeman belonging to the Gangnam Police Station C District Unit of the Gangnam Police Station, asked the Defendant to ask the circumstances of the case to the Defendant, and expressed that D, “Iskn’s kn’s kn’ss kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’

2. The Defendant, at the time and place under Paragraph 1, was suspected of obstruction of the performance of official duties, such as Paragraph 1, and, at the same time, at the Seoul Gangnam Police Station C zone, Da and C Zone E (the age of 26) called “to die............................................................, the Defendant

Accordingly, the defendant assaulted police officers who perform duties related to the on-site exit and interfered with legitimate execution of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on the crimes of obstruction of performance of official duties against D, the crimes of which are heavier between each of the crimes of paragraph (2) of the same Article, and those of which crimes are heavier);

1. Selection of each alternative fine for punishment;

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

1. In full view of the following: (a) the amount of alcohol that the Defendant dranks at the time of committing the instant crime; (b) the background of the instant crime; and (c) the Defendant’s speech and behavior at the time of committing the instant crime; and (d) the degree of the Defendant’s memory, etc., it is not deemed that the Defendant was in a state that the Defendant was unable or lacks the ability to discern things by drinking alcohol at the time of committing the instant crime

It is rather against police officers who reported their reasons for sentencing.