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(영문) 서울동부지방법원 2016.09.28 2016고단2171
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 05:55 on May 21, 2016, the Defendant sent a taxi engineer and requested the Defendant to return home from Gangdong-gu Seoul Metropolitan Government Police Station D District Unit, etc. affiliated with the Seoul Gangseo-dong Police Station, which the Defendant called up after receiving a 112 report that the taxi driver would pay a trial fee, and the Defendant sent the taxi engineer and requested the Defendant to return home.

If there is a clerical error in the duty-free Nabido, it interfered with the police officer's crime prevention and investigation, public peace and order maintenance, by assaulting the police officer's arms and shoulders to the patrol vehicle after getting the defendant to get off the patrol vehicle without permission, and then obstructing the police officer's lawful performance of duties concerning the prevention and investigation of the crime, public safety and order.

Summary of Evidence

1. Statement made by the prosecution against E;

1. Application of Acts and subordinate statutes to investigation reports (verification of black stay images);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. There are many criminal records with the reason for sentencing under Article 334(1) of the Criminal Procedure Act; there is no serious reflectivity with respect to the instant crime; and it is a crime against a police officer dispatched to the scene by putting in uniform and working at the scene, and the liability for such crime is not exceptionally imposed.

However, a fine shall be imposed in consideration of the circumstances favorable to the defendant, such as the absence of the record of the same kind of crime, the degree of interference with the execution of official duties is very minor, and a contingency crime is committed in the drunken.

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