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(영문) 서울중앙지방법원 2013.12.13 2013고단6879

공무집행방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the above fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

On August 10, 2013, the Defendant: (a) around 01:40, at Jongno-gu Seoul Jongno-gu, and (b) around 112, the police officers E affiliated with the Seoul Sejong Police Station D police box, dispatched after receiving 112 reports, prevented the Defendant from committing the Defendant’s assault; (b) the police officers, while taking a bath to the said police officers, she obstructed the Defendant’s legitimate performance of duties concerning the handling of 112 reports by the said police officers

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. Grounds for sentencing under Articles 70 and 69(2) of the Criminal Act with respect to detention in a workhouse;

1. The scope of punishment: A fine not exceeding 10 million won;

2. Decision on the sentencing guidelines: The sentencing guidelines are not applicable (a minor or a fine): The grounds for a fine of one million won: It does not focus on the degree of obstruction of performance of official duties, contingent crimes, minor who is merely 17 years of age, and has no criminal record other than juvenile protective disposition, and the punishment is imposed as a fine according to the sentence of the prosecutor's office in consideration of the fact that the sentencing guidelines are not applicable (a fine of one million won):