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(영문) 서울북부지방법원 2016.12.22 2016고단4015
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 9, 2016, around 03:10 on September 9, 2016, the Defendant was engaged in obstruction of performance of official duties, on the ground that, while boarding a taxi driven by C in front of the Dongdaemun-gu Seoul Metropolitan Session of 175 (Restation 175) Han Bank, the Defendant was engaged in articles and trial expenses on the ground that the article went to a place different from the destination. Upon receiving a report of the article 112, the police officers E and police officers assigned to the Seoul Dongdong Police Station D police box were dispatched

피고인은 위 장소에서 112신고를 받고 출동한 F(32세)이 자신에게 인적사항을 먼저 물어본다는 이유로 손에 들고 있던 등산용 스틱(총 길이 61cm)으로 F의 얼굴과 복부를 각 1회 때리고, 이를 제지하는 E(57세)의 왼쪽 옆구리를 등산용 스틱으로 2회 때리고, 정강이 부위를 발로 3회 찼다.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on handling 112 reported cases due to violence.

2. The Defendant damaged the property owned by the victim by taking the face of the above victim F on the above date, at the above place, and by taking the victim F’s cellphone 6 cellphones away from the victim’s cell phone, thereby shouldering the amount of 409,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of F and E;

1. C’s statement;

1. A report, etc. on diagnosis of opphones;

1. Photographs (No. 6,9,11, 14 No. 14);

1. Application of Acts and subordinate statutes to a report on investigation (verification of cabbox images);

1. Article 136 (1) and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: A fine not exceeding 15 million won;

2. Scope of recommendations based on the sentencing criteria: more than a fine is chosen;

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