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(영문) 서울중앙지방법원 2016.08.18 2016고단3672
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On May 20, 2016, at around 09:30, the Defendant was under the influence of alcohol in front of the C Public Notice Board located in Gwanak-gu, Seoul Special Metropolitan City, and was recommended by the D Rabman E in Seoul, the Police Station D Dokak-gu, Seoul, to return home from the police officer assigned to the site after receiving a report of 112, but “the Defendant was sleeped, slicked, slicked, slicked, slicked at any time.

At the same time, there was assaulting the right knee E with the right knee in selling three times the right bucks.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of reported cases and the protective measures against the principal offender.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (investigation into a wooden telephone);

1. Article 136 of the Criminal Act applicable to the facts constituting an offense, Article 136 of the Criminal Act selective punishment, and the choice of fines;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act had been punished twice for the same kind of crime, the sentence like the order shall be imposed by taking into account the following circumstances: (a) the defendant recognized the criminal act and reflects the criminal act; (b) the degree of exercise of tangible power is relatively minor; and (c) the defendant’s age, sex, criminal conduct, environment, family relationship, motive and consequence of the crime; and (d) circumstances constituting the conditions for sentencing as shown in the argument of this case.

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