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(영문) 서울남부지방법원 2017.03.28 2016고단6010
공무집행방해
Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

around 02:05 on October 7, 2016, the Defendant: (a) committed assault on the front of the Cdistrict located in Gangseo-gu Seoul Metropolitan Government, which was called “not to be a guest”; (b) the Defendant, upon receiving a general report from D by a taxi engineer, committed an assault by the police officer, such as “packer and returning home home,” under the influence of alcohol, by taking a bath to “packer,” etc. without any justifiable reason, while under the influence of alcohol.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in regard to the handling of general reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements of D;

1. Application of investigation reports (related to images taken by a police officer by hand), CD-related Acts and subordinate statutes;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the instant crime is that the instant crime committed assaults a police officer who wears his uniform, and it is not good that the Defendant had a criminal record of an act of violence. It is an unfavorable reason for sentencing against the Defendant.

However, considering the fact that the degree of exercise of tangible power is relatively insignificant, the fact that it appears to be a contingent crime under the influence of alcohol, and the fact that police officers search for a letter after the crime and seek it, the punishment shall be determined as per the order.

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