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(영문) 서울북부지방법원 2016.10.18 2016고단3803

공무집행방해

Text

The sentence against the accused shall be determined as a fine of 3,00,000 (three million won).

When the defendant does not pay a fine.

Reasons

Punishment of the crime

On August 25, 2016, at around 00:50 on August 25, 2016, the Defendant: (a) reported that the Defendant was not in a house under the influence of alcohol by the Defendant; and (b) the police officer E affiliated with the Seoul Dongdaemun Police Station D police box called out after having received a notification that the Defendant would not have been in a house under the influence of alcohol; (c) the Defendant expressed a defective desire to drive the Defendant; (d) the Defendant was able to drive the Defendant at once by drinking; and (d) the Defendant assaulted the police officer’s legitimate performance of duties on the handling of the 112 reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. Application of the 112 Reporting Report List and the Acts and subordinate statutes governing investigation reports;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts (to select a fine, taking into account the fact that the criminal facts are against the initial offender, the fact that the police officer took a procedure to impose an apology on the police officer);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;