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(영문) 서울북부지방법원 2017.06.08 2017고단1334
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 15, 2017, around 23:20 on March 15, 2017, the Defendant was boarding a taxi operated by D in the vicinity of the marina-dong, Gangnam-gu Seoul, Seoul, and went into the Dobong-ro 50, Gangnam-gu, Seoul, Gangnam-gu, Seoul, but the Defendant did not pay the taxi fee, thereby getting into the Seoul Gangnam-gu Police Station located in 406, Gangnam-gu, Seoul, Gangnam-gu, Seoul, Seoul, which was located in the Dobong-ro 50.

At around 23:31 on the same day, the Defendant received a report to the effect that “the rejection of the Defendant was waiting to remit taxi expenses” before the first floor of the police station in Gangnam-gu and was in possession of on the floor, the Defendant heard the horses that would take place on the floor when he was accumulated on the floor from F in the circumstances where the police box belonging to the Gangnam-gu Police Station, which was in receipt of the report, and, at around 23:31 on the same day, received the statement to the effect that “I am out of the floor, I am out of the floor,” and “I am out of the floor, I am out of the floor,” and received at least once the left face of the Defendant as his head.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Each statement of D and G;

1. Application of the on-site CCTV statutes

1. Relevant legal provisions concerning criminal facts, Article 136 (1) of the Criminal Act selective punishment, and selection of fines;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The defendant has a record of being punished by a fine for the same kind of crime and has been punished by a fine several times due to assault or bodily injury.

When the defendant withdraws from alcohol, he seems to have a habit of assaulting another person.

A favorable circumstances: The defendant is in profoundly against the defendant when committing the instant crime.

The damaged police officer wanted to take the defendant against the defendant.

In contingent, the degree of assault by the defendant was relatively minor.

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