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(영문) 서울북부지방법원 2016.04.06 2015고단4615
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On August 28, 2015, at around 00:50, the Defendant, within the main point of “C” located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, with a report of 112 to the effect that Defendant’s daily drinking does not pay the drinking value under the influence of alcohol, and was demanded to calculate the drinking value from E in the circumstances belonging to the Seoul Seongbuk-gu Seoul Seongbuk Police Station D branch, Seongbuk-gu, Seoul, which called “Ivove this dog in mind, I want to read “Ivove me,” and assaulted E’s me by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 136 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act selection of punishment;

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is committed by assaulting a police officer in the course of performing official duties, and the nature of the crime is bad. On the other hand, the defendant has no record of the same crime, and reflects the defendant's mistake due to contingent crimes, the punishment is determined as ordered in consideration of the defendant's age, sexual behavior, environment, etc.

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