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(영문) 서울서부지방법원 2015.03.05 2015고단82

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 08, 2015, at around 01:01:30 minutes, the Defendant: (a) confirmed the details of trial expenses; (b) confirmed the notification method for the part of the police box of the Seobu Police Station sent to the site after having received a 112 report that there was a taxi fare trial fee in front of Eunpyeong-gu Seoul Metropolitan Government; and (c) explained the Defendant of the method of reporting the part of the taxi engineer’s infinite; and (d) first, performed the Defendant’s defect of returning home with the taxi expenses and paying back the taxi expenses, and obstructed the Defendant’s lawful performance of duties concerning the handling of the 112 reported police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to photographs of the body part of the victim;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not likely to obstruct the execution of official duties by the defendant by assaulting a police officer without justifiable grounds.

However, the Defendant, who did not have criminal power, committed any contingent crime under the influence of alcohol, and committed another crime against his will not commit the same crime as in the instant case again, shall be punished by a fine only once, taking into account the overall circumstances, which are the conditions for the sentencing of the instant case, and shall be punished by a fine as ordered.