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(영문) 서울남부지방법원 2016.04.12 2016고단336
공무집행방해
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 26, 2016, at around 23:15, the Defendant: (a) obstructed the lawful performance of duties regarding D, E, a police officer for about 10 minutes, maintaining the order of E, and arresting a flagrant offender, who was called up upon receipt of a report, when he tried to restrain the Defendant; (b) assaulted the back part of D on one occasion at the police station C district unit; and (c) assault E, who belongs to the same district unit, to restrain the Defendant and encourage him to return home in the future; and (d) interfered with the legitimate performance of duties concerning E, a police officer for about 10 minutes, maintaining the order of E and arresting a flagrant offender.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. G statements;

1. Application of Acts and subordinate statutes to a report on the current state of dispatch at the scene of a violent incident, each investigation report, damaged photographs (e.g., interslicker, etc.), or a photograph of oral cleanliness

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

1. Selection of each alternative fine for punishment (the following circumstances shall be considered):

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

1. The punishment of a fine like the order shall be imposed in consideration of the circumstances, such as the following: (a) a crime that disturbs public order against a police officer on the grounds of sentencing under Articles 70 and 69(2) of the Criminal Act; and (b) a crime that does not seem to be minor; (c) a person is an contingent crime under the influence of alcohol; (d) a person who leads to a crime under the influence of alcohol; (e) a person who leads to a confession and reflects in depth; and (e) a person who tried to recover damage by finding a victimized police officer; and (e) a person who has no particular criminal history; and (e) a person who has no specific criminal history.

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