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(영문) 서울동부지방법원 2016.09.29 2016고단2130

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

On July 2, 2016, at around 20:10, the Defendant opened a lid at the top of the Gangdong-gu Seoul Aririro 94-ro 91, a 91 large church, in front of it, in which the Defendant returned to the vicinity and opened a lid at the top of it, and received a 112 report that there was a person opening and attending the lid, and was sent to C, the police box B of the Seoul Gangseo-dong Police Station B, which was called upon upon receipt of the report, sent to C, who was asked of the reasons why the Defendant would open the lid, thereby pushing C with C, with his hand and being asked of the reasons why he would open the gate from C, who was tightly knife C’s hand, and knife C’s h's h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not sufficient to commit the crime by exercising the force against the police officer in the course of attempting to ask the police officer to ask him/her whether the police officer dispatched after receiving a report from the defendant who opened a lid opening by the police chief in order to ask him/her whether he/she has the intention to get out of the traffic signal apparatus broken.

However, in consideration of the fact that the defendant is recognized to commit a crime, that the defendant has no record of criminal punishment, that the defendant has been aware of depression for three years, and that he/she has been diagnosed with a mental retardation disorder, etc., the punishment shall be determined as per the order.