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(영문) 서울남부지방법원 2016.12.02 2016고단4578
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

At around 00:20 on September 18, 2016, the Defendant expressed his desire to read “Newn, I son. I am son. I am son. I am son. I am son. I am son. I am son. I am son. I am son. I am son. I am son. I am am son. I am son. I am son. I am am son. I am am son. I am am. I am. I am. I am. I am. I am. I am. I am. I am am. I am. I am. I am. I am. I am. I am. I am. I do am. I am. I do am to the police officer.” I do am. I do am. I do am. I do am. I do am. I am. I am. I am.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. B written statements;

1. The criminal place;

1. Application of statutes to photographs of victimized police officers;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The crime of this case is not likely to hinder the exercise of legitimate public authority by the Defendant by assaulting the police officer.

In relation to the assault behavior, the defendant seems not to suffer mental damage because he/she is dead with the police officer.

The defendant's mistake is recognized as favorable circumstances.

There is no history of criminal punishment against the defendant.

In full view of the aforementioned circumstances and the circumstances leading to the Defendant to commit the instant crime, the degree of assault, circumstances after the commission of the instant crime, and other circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, etc., the punishment as set forth in the text shall be determined.

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