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(영문) 서울동부지방법원 2016.05.19 2016고단243
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 21, 2016, the Defendant: (a) around 19:00, around 1110, as the Gangdong-gu Seoul Metropolitan Government Sacheon-gu Sacheon Hospital, and (b) was subject to the control by the police officer C under the circumstances belonging to the Seoul Gangnam Police Station on the ground that an agent who operated his B-car was kid, and (c) was kid on one occasion on the ground that he was kid by the agent who operated his B-car, and (d) was refused by C, and C was able to see “

D, while taking the bath as “I am, I am scam three times on the ship, and D am scam scam scam scam scam scam scamscams and scamscam scamscam scamscams,” and assault D’s boat in one way.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on traffic control.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of D;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The nature of the instant crime committed by assaulting police officers on duty for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of a workhouse, is not good. However, prior to the instant case, the punishment is determined as ordered by considering the following: (a) there is no history of punishment, and there is no history of committing the same kind of crime; and (b) there is no history of excluding a minor fine imposed once prior to the instant case; and (c) there is a misunderstanding of mistake.

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