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(영문) 서울남부지방법원 2014.09.19 2014고단2706

공무집행방해

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 24, 2014, around 23:50 on June 24, 2014, the Defendant, at the residence of the Defendant No. 701 of Guro-gu Seoul Metropolitan Government building B, had been under the influence of alcohol, had raised the speech and property problem on the eightth floor of the same building, and had fighting.

In front of the above building, the Defendant: (a) took a bath to the slope E belonging to the Seoul Guro Police Station Dental Police Station that received the above C’s report and confirmed the details of the report; and (b) assaulted the Defendant by hand, such as taking off the E’s left arms on his hand, taking the E’s hand and taking the neck.

As a result, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. CCTV-cap photographs;

1. Application of Acts and subordinate statutes on detailed statement of reported case settlement; and

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. Although it is necessary to strictly punish the crime of obstruction of performance of official duties in order to block the light of public authority’s reasons for sentencing under Article 334(1) of the Criminal Procedure Act and create a social atmosphere that respects the law and principles, the punishment is imposed as ordered by comprehensively taking account of the following: (a) the Defendant led to the instant crime; (b) the Defendant has no criminal record on the same criminal record and after March 16, 201; (c) the background leading up to the instant case; (d) the background leading up to the instant crime; (d) the degree of the instant assault; (e) the Defendant’s age, character and conduct; and (e) the circumstances after