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(영문) 서울남부지방법원 2017.01.18 2016고단4690
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 27, 2016, the Defendant was in the front of the business place in Yeongdeungpo-gu Seoul Metropolitan City, the Yeongdeungpo-gu, the Yeongdeungpo-gu, Seoul Metropolitan City Do 145 (hereinafter “Seoul Metropolitan City Do Do 145”) and obstructed police officers’ legitimate performance of duties, such as handling of reported cases, prevention of crimes, suppression of suppression, etc., sent to the site after receiving a report of 112 that there is a dispute in crossing the third line road in the caric book in the caric book in the front of the business place in the south-do 145 (hereinafter “Seoul Young-gu Do Do 145”).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. Investigation report (related to the attachment of black boxes and images) and CDs;

1. Application of Acts and subordinate statutes to investigation reports (booms video);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The crime of this case committed by a police officer on the ground of sentencing of Article 334(1) of the Criminal Procedure Act in the course of performing official duties of the Criminal Procedure Act is not somewhat weak.

However, under the influence of alcohol, the defendant seems to have reached the crime of this case in a contingent manner by receiving the police's restraint in the state where appraisal has been rapidly conducted, and the defendant has no record of criminal punishment in the Republic of Korea, etc., the punishment like the order shall be determined by taking into account the circumstances favorable to the defendant.

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