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(영문) 서울중앙지방법원 2016.09.08 2016고단2758

공무집행방해

Text

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

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 5, 2016, at around 23:20, the Defendant: (a) reported 112 on the street in front of “D” located in Gwanak-gu in Seoul Special Metropolitan City, “D” to the effect that “under the influence of alcohol, the Defendant fesced the D store and fesced the D store”; and (b) sent out to the site by the police officer affiliated with the Seoul Gwanak-gu Police Station E Zone E zone; (c) f takes a bath with his hand; and (d) f scling the F, f scling him with his hand; and (c) f scling him with his hand, f f scling him, and scing him.

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reporting processing duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing performance of official duties and the choice of fines);

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

1. The sentencing conditions indicated in the records of this case, such as Defendant’s age, character and conduct, family relationship, family environment, motive and means of a crime, circumstance after a crime, etc., shall be determined as above, taking into consideration the following factors: (a) there is no previous criminal record; (b) there is no other criminal record other than a fine of the same kind in the past one time; (c) there is no other criminal record; (d) there is no significant degree of interference with official duties; (e) social relation is obvious; and (e) the punishment conditions indicated in the records of this case, such as the criminal

It is so decided as per Disposition for the above reasons.