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(영문) 서울서부지방법원 2016.12.27 2016고단1373

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

around 20:41 on April 28, 2016, the Defendant: (a) expressed in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) obstructed the patrol vehicle in front of the 112-reported patrol vehicle; and (c) obstructed the sprinke and sprinke, etc.; and (d) urged the clime E, etc. belonging to the Seoul Seodaemun-gu Police Station D District Station to return to home from the patrol vehicle; (b) expressed the desire to return home from the patrol vehicle; and (c) took the clime and chest of the said E twice in drinking.

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reports and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. Application of the Acts and subordinate statutes governing photographs taken of suspects;

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. The reason behind the sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order, and the exercise of force against police officers who duly perform their duties, shall be subject to criticism.

However, the sentencing factors such as the defendant's age, character and behavior, environment, etc. are determined as ordered in consideration of the fact that the defendant has no criminal history of the same kind of crime, and the proof of alcohol dependence seems to have affected some crimes.