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(영문) 서울남부지방법원 2017.01.17 2016고단5334
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 July 17, 2016, at around 03:10 on July 17, 2016, the Defendant obstructed the performance of official duties, and around 03:10, at around 103, the Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and at around 112, the Defendant sent to the Defendant after receiving a report from his father, brought a serious bath in the process of having the Defendant not arrested the Defendant in a flagrant offender on the charge of assaulting the crime. As a result, the Defendant took three times the parts of the above C’s buckbucks, and took the Defendant arrested in a flagrant offender on board the patrol, and took part in the buckbucks.

Accordingly, the defendant interfered with the police officer's 112 report-related measures and legitimate execution of duties concerning the arrest of flagrant offenders.

2. In a situation where a police officer was arrested as a flagrant offender on July 17, 2016, around 03:30, as described in the foregoing paragraph (1), and a police officer was arrested, and the police officer was inside the patrol boat and the police officer F, who was his/her dependent, was accompanied by the said patrol boat, and the victim C"in the situation where the victim C was accompanied by the said patrol boat.

A. The victim sexually insultings the victim by referring to “the”, such as the son, X, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each investigation report, on-site photographs, written complaints, reports on occurrence of a crime (Interference with the performance of official duties, etc.), investigation reports (damage photographs obstructing the performance of official

1. Article 136 (1) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes within the extent that the aggregate of the maximum amount of each offense committed with respect to the obstruction of the performance of public duties heavier punishment shall be aggravated];

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

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

1. Scope of applicable sentences under law: Fines of 50,000 to 12 million won; and

2. Determination of sentence: a fine of KRW 3 million (for favorable circumstances) shall not have any record of any other crime except a penalty of KRW 1,00,000 (for example, a fine of KRW 1,00,000).

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