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(영문) 서울남부지방법원 2016.04.27 2016고단522
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

On January 26, 2016, at around 23:55, the Defendant arrested E, a police officer affiliated with Yeongdeungpo-gu Police Station D, who was dispatched to the site after receiving a report of the occurrence of the assault before the convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government, and was arrested in the act of committing an act of violence, and then came to the parking lot of the Yeongdeungpo-gu Police Station located in 608 according to the former National Assembly, and E, the police vehicle of the police vehicle of Yeongdeungpo-gu, which was inside the police station of Yeongdeungpo-gu, Seoul Metropolitan Government, was used twice at the end of the police vehicle of the E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers' arrest of flagrant offenders and the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is an act of assaulting a police officer dispatched after receiving a report after the Defendant assaults a person in the surroundings under the influence of alcohol without any justifiable reason, and the nature of the crime is not weak.

However, the sentencing guidelines shall be determined as ordered by taking into account the fact that the defendant made a confession of his mistake and reflects against the defendant, that one million won was deposited for the damaged police officer E, that there was no past criminal punishment, that does not have the defendant's family members, that those persons, including the defendant's family members want to boom the defendant's wife, and that the sentencing conditions as shown in the record and the change theory are considered (the sentencing guidelines shall not apply as it is sentenced to a fine). Of the facts charged in the instant case, the summary of the charge of assault among the facts charged in the instant case, the defendant spited the victim F (25 years old) who was seated in front of the convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government around January 26, 2016, without any reason, spit the victim's spit, spit the victim's desire to do so, and boom the victim's boom with his hand, and the victim's boom with his hand floor once the victim's hand.

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