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(영문) 서울남부지방법원 2015.01.28 2014고단4559

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 8, 2014, at around 06:15, the Defendant: (a) was under the influence of alcohol in front of the Seoul Gangseo-gu Seoul Gangseo Police Station C District District; (b) was demanded by the police officer, who was a police officer, to drive a breab while driving a breab in front of the Seoul Gangseo-gu Seoul Metropolitan Government Police Station C District District; and (c) was required to drive a breabb, and was

Therefore, the Defendant entered the above police station according to the above zone, and took the cryp to the cryp police station’s hand, and cryp the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp to the cryp

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article 136(1) of the Criminal Act concerning the crime, the choice of the penalty, and the choice of the fine (the consideration of favorable circumstances among the reasons for sentencing below);

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

1. In order to establish the legal order of the country of reasons for sentencing under Article 334(1) of the Criminal Procedure Act and eradicate the light of public authority, there are unfavorable circumstances such as the Defendant’s necessity of strict punishment for the crime of obstruction of performance of official duties in this case, the circumstances leading to the instant crime or the content of the instant crime, which are not adequate in light of the nature of the crime. However, the Defendant’s confession of the instant crime, which reflects the Defendant’s mistake; the Defendant appears to have committed the instant crime contingently; the Defendant appears to have no record of criminal punishment; the Defendant is deemed to have no record of criminal punishment; the degree of violence he used by the Defendant does not seem to be serious; and the Defendant’s age, character and behavior, environment, background and consequence of the instant crime, circumstances after the crime, and attitude in this court