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(영문) 서울남부지방법원 2017.01.24 2016고단5210

공무집행방해

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 28, 2016, around 02:50 on October 28, 2016, the Defendant refused to leave the taxi in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, 123, the Defendant received a report from B, and sent back to the site after receiving the report from B, and received a request for returning home from C Inspector and Police Officer, who was called to the site, and assaulted the police officer’s grandchildren, etc. as his hand.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. B written statements;

1. Investigation report (taxies B telephone communications);

1. 112 Application of the 112 Reporting Case Handling List, and of damaged photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant used violence against police officers in the course of performing their legitimate duties, and the nature of the crime is insignificant, the degree of the assault is not easy, and the defendant has a record of being fined once for the crime of violence, etc. are disadvantageous to the defendant.

However, considering the favorable circumstances, such as the fact that the defendant's mistake is divided and reflected, that police officers who have been obstructed in the performance of official duties submit a written application for punishment not to punish the defendant's wife, that there is no past record of punishment more than a suspended sentence, etc., the punishment as ordered shall be determined by taking into account the defendant's age, sex, motive, means and consequence of the crime, circumstances after the crime, etc., and all of the sentencing conditions shown in the theory of change, such as the records of this case and the circumstances after