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(영문) 서울중앙지방법원 2016.06.17 2016고단2239
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 10, 2016, at around 01:15, the Defendant discovered that: (a) Nonindicted D et al., belonging to the Seoul Air Force Police Station C District Group of the Seoul Air Force Police Station and one person, who is in charge of the civil petition by driving a patrol vehicle 12 after receiving a report from 112; (b) was removed from the back of the patrol vehicle under the influence of alcohol and carried out the said patrol vehicle under the influence of alcohol by means of Dah-D; and (c) was able to open the back of the said patrol vehicle under the influence of alcohol, and assaulted once by her hand.

As a result, the Defendant interfered with the processing of reported cases and lawful execution of duties on site dispatch affairs by D who are police officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, although the criminal liability of the defendant for the reason for sentencing of the provisional payment order, is not weak, the confessions and reflects a crime, there is no criminal record in Korea, contingent crimes, the fact that the victimized police officer wants to leave the ship, and other circumstances, such as the defendant's age, sex, criminal conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the argument of this case, shall be determined as ordered in consideration of the above circumstances.

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