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(영문) 서울남부지방법원 2014.01.08 2013고단3825
공무집행방해
Text

Defendant shall be punished by a fine of KRW 8,000,000.

Where the defendant does not pay the above fine, he/she shall be 100.

Reasons

Punishment of the crime

On October 25, 2013, at around 05:55, the Defendant visited the earth area along with a nameless taxi driver due to the problem of taxi charges on the front of the Guro Police Station E-gu Seoul Metropolitan Guro-gu.

피고인은 위 택시기사가 귀가하였음에도 귀가하지 않고 지구대 경찰관들에게 욕설을 하며 시비를 걸던 중 경위 F으로부터 “공무집행방해 등으로 처벌받을 수 있다”는 말을 듣고 갑자기 주먹으로 F의 복부를 2회 때리고 발로 다리를 2회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties in relation to global service.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act on the confinement of a workhouse has a history of serving several times as violent crimes, and on December 9, 201, the Defendant was sentenced by the Seoul Southern District Court to 8 months of imprisonment and 3 months of imprisonment with labor for a violation of the Game Industry Promotion Act, and completed the execution of the sentence on January 23, 2012, and thus, the Defendant should be well aware of the instant crime for 3 years after the end of the sentence. However, the crime of this case is not likely to be committed, even if the Defendant committed the instant crime.

However, in light of the fact that the defendant reflects his mistake, the defendant operates singing after the completion of the punishment, and supports his wife and four children, the F, the other party to the crime of obstruction of performance of official duties, and if the defendant choose imprisonment, the defendant committed the crime of this case during the period of repeated crime, and thus, the defendant is bound to be sentenced to a fine. However, in light of the above circumstances, the defendant's punishment seems to be too harsh in light of the above circumstances, the punishment shall be determined and sentenced as ordered in consideration of all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, and circumstances before and after the crime.

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