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(영문) 서울북부지방법원 2016.09.07 2016고단2738
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On June 16, 2016, the Defendant: (a) was a resident of Dongdaemun-gu Seoul Metropolitan Government B apartment No. 103 Dong 2501, and (b) was under the influence of alcohol on June 20, 2016, and the Defendant was aware of the same apartment 103 Dong 2401 as the Defendant’s house; (c) the resident of the 2401 reported the 112 report that “I want to open the house,” and (d) the police officer affiliated with the Seoul Dongdaemun-gu Police Station C police Station C, and E transferred the apartment to the said apartment security guard, but the Defendant was pushed with the security guard while the security guard was boomed with the said apartment 103 Dong-dong.

On June 16, 2016, at around 20:45, the Defendant discovered the police officer D (the age of 47) boarding on the driver’s seat in order to complete the 112 reporting duty and return to the police box before the Dongdaemun-gu Seoul Metropolitan Government B Apartment 103 Gamen, and found the police officer D (the age of 47) as follows: “Plaps, rings, cutting, cutting, cutting, and cutting down a large number of persons who are flaged by police officers, and this dogbs)” on the part of the police officer D, which read as “W, flaps, and drinking, flaps of the police officer D, and flaps of the police officer D as his hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officer D's 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Selection of Punishment;

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

1. Sentencing sentencing guidelines for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order: Unestablishedd sentence of imprisonment for six months: A person who has been sentenced to a fine of three million won: A person who has committed a crime, etc. against a police officer at a uniform: A person who has been mitigated by committing a crime, etc.: A confession, contingent crime, absence of penal power at least identical or imprisonment without prison labor (one time of a fine for gross drunk driving), deposit (eight hundred thousand won on September 6, 2016);

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