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(영문) 서울중앙지방법원 2017.11.16 2017고단5857
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 August 7, 2017, at around 00:30, the Defendant: (a) called “influence to house” on the roads near the ice building located in the Jung-gu Seoul Central District, Jung-gu, Seoul, 100, and obstructed police officers’ legitimate performance of official duties in relation to traffic control and the prevention of danger and injury by taking advantage of the circumstances belonging to the Seoul Southern Police Station B and the patrol car boarding a slope D, where traffic accident prevention is being performed; and (b) the Defendant called “influence to return home from the patrol car” on the ground that C and D are called “influence to get off from the patrol car.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or C;

1. Application of police statements related to E 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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, interfered with the police officer’s performance of official duties in such a way as to display the police officer in the course of performing official duties toward him/her and to take his/her chest and face, and the crime of this case is not good.

However, in consideration of the overall circumstances shown in the arguments in this case, such as the Defendant’s age, sexual conduct, motive for committing a crime, and circumstances after committing a crime, the sentence of a fine like the order shall be imposed only once, taking into account the following factors.

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