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(영문) 서울중앙지방법원 2016.07.07 2016고단2786
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 21, 2016, around 03:50 on the road in Gwanak-gu in Seoul Special Metropolitan City, “C main office”, the Defendant is under the influence of a woman under the influence of alcohol.

“On the ground that E and F, a police officer belonging to the Seoul Gwanak Police Station D District, who was called upon the report of 112, wanted to take a measure for returning home by drinking the Defendant who was under the influence of alcohol at the request of the above main owner, and was unable to sleep his body,” “I am the chest part of the above E, on a drinking ground, by assaulting the said F’s left side side side part of the said E and F on one occasion, and interfere with the lawful performance of duties concerning the handling of each report and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties);

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

1. Selection of an alternative fine for punishment;

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 is not good to constitute a crime committed by assaulting a police officer who restrains disturbance while the defendant was living in the state of detention, the punishment as above shall be determined by taking into account the following two circumstances, including the defendant's age, sex, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., and the sentencing conditions indicated in the records of the instant case, except for the punishment of minor fines over two occasions, it seems that the defendant recognized the facts of the crime, and thus, it seems that the defendant does not have any criminal records of the past, and that the defendant does not have any criminal records of the same kind, and that he has living relatively in good faith without the criminal records, except for the punishment of minor fines for the crimes of this kind.

It is so decided as per Disposition for the above reasons.

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