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(영문) 서울북부지방법원 2016.06.22 2016고단1643
공무집행방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On March 4, 2016, at around 22:10 on March 4, 2016, the Defendant was voluntarily accompanied to the C District according to D’s opinion obtained by the police officers belonging to the C District Police Station in Seoul, China, and China, which was dispatched to the site after receiving a report of 112 on domestic violence by the Defendant, and was working on the site, for support, such as slope E belonging to the same District E, through the stairs of the above building, and the police was sprinked down.

To the extent that the bit of bitbit of bitbit of bitbit of bitbit of bitbit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of x

With the theory of "Chewing", each of them committed a quilar and a quilar with the hands of the aforementioned D having the shoulder and the finger, ske the hand, and the hand of the said D.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act (see Supreme Court Decision 2009Do3505, Jun. 25, 2009, etc.)

1. Optional fine;

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

1. The sentencing guidelines set forth in Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is that of the preceding sentence: Imprisonment with prison labor for one year or a suspended sentence of two years: A person who has been sentenced to aggravating a fine of KRW 5 million: A person who has been sentenced to a mitigated sentence, such as the influence of the liability for the crime against the police officer, the injury of the D, the absence of efforts to recover damage, etc.: A confession, absence of the record of punishment of the same kind or imprisonment without prison labor or heavier (in case of violence, three times in total), etc.;

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