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(영문) 서울중앙지방법원 2016.05.31 2016고단1954
공무집행방해
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

On March 10, 2016, the Defendant was notified of the violation of the Punishment of Minor Offenses Act by the Assistant Inspector D, who was sent to the site after receiving the report from the Defendant, on the front day of the U.S. elementary school located in the Gwanak-gu Seoul Special Metropolitan City, Gwanak-gu, Seoul, on March 10, 2016, at the front day of the 79 taxi operated by B, for failing to pay the taxi fee after having arrived at the taxi operated by B, thereby failing to pay the taxi fee.

Doctrile is cut or not.

”라고 욕설을 하면서 손으로 위 D의 오른손 약지 손가락을 꺽고, 발로 피해자의 오른쪽 정강이 부위를 1회 걷어 찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reported cases by D who is a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of the photograph and notification of damage;

1. Application of Acts and subordinate statutes on the report of investigation;

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. In light of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the nature of the crime in this case is inferior, but it appears that the defendant committed the crime in this case by drinking and contingently taking into account the following as favorable circumstances for the defendant: (a) the degree of damage to the police officer who suffered from the crime in this case is relatively minor; and (b) the primary offender who has no record of criminal punishment in the past is the defendant's age, sex, sex, environment, occupation, relationship with the victim, motive, means and consequence of the crime in this case; and (c) the various conditions of sentencing as shown in the records and arguments, such as the circumstances after the crime, shall be comprehensively considered.

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