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(영문) 서울북부지방법원 2013.11.20 2013고단2128
공무집행방해
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 23, 2013, at the front of 728-7, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, 00, the Defendant received 112 reports from B, and recommended 4 police officers, such as the Nowon Police Station CridgeD, who called to the site, to return home, and continued to take a bath to B, and obstructed the police officer’s legitimate performance of duties related to the prevention, suppression and investigation of the crime by assaulting the police officer, such as: (a) during the police officer who avoided him/her; and (b) during the police officer’s escape, he/she expressed his/her desire to “Ye, ice fright, can be bitched; (c) a bitched bit of a bitch of a police officer; and (d) the police officer’s fright at once.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on March 13, 2013, when the defendant was sentenced to six months of imprisonment or one year of suspended execution on March 21, 2013, and the judgment became final and conclusive on March 21, 2013, and again committed the instant crime of obstruction of performance of official duties, the responsibility is heavy in that he again committed the instant crime of obstruction of performance

However, prior to the above judgment, there was no record of punishment for the same kind of crime and the punishment exceeding the fine, and if all of the crimes of this case are recognized, the amount of fine shall be sentenced to a fine in consideration of the fact that the crimes of this case are divided.

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