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(영문) 서울남부지방법원 2016.05.18 2016고단838

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On February 25, 2016, on the road of the “C cafeteria” located in Geumcheon-gu Seoul Metropolitan Government, the Defendant reported on February 18:3, 2016, “I am to the floor where customers enjoy drinking”, and without any justifiable reason, the “I am to the above E” without any defects to confirm the personal information and place of residence of the police box called out after receiving 112 reports.

“In doing so, he did assault on the left side of the above E one time to interfere with the legitimate execution of duties concerning the maintenance of order of police officers.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of video CD-related Acts and subordinate statutes;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Even if the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, is a crime committed by a criminal defendant under the influence of alcohol, the crime of this case that interferes with the performance of official duties by assaulting a police officer is not weak.

However, the degree of interference with the execution of official duties of this case is relatively minor, and the defendant repents his wrong, the defendant does not have the same criminal record, and the defendant does not have any other criminal record in addition to the second fine due to the violation of road traffic laws in the past, the punishment shall be determined like the order.