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(영문) 서울북부지방법원 2016.09.29 2016고단2853
공무집행방해
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

On June 17, 2016, at around 02:05, the Defendant: (a) directed the Defendant to return home to the Defendant at the front of the D cafeteria located in Seoul Jung-gu, Seoul, around 02:05, the Defendant: (b) told F of the police box affiliated with the Seoul Central Library, which called “I ambbbbbbbbling” to mean “I ambling within the military, I ambling, I ambling the said G in his arms; and (c) assaulted F ambbbbbbbbs at one time on the left side of the said F.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of reports and the prevention of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the law of the police statement protocol to F;

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

1. The scope of punishment by law: A fine not exceeding ten million won;

2. Scope of recommended sentences on the sentencing criteria: The sentencing criteria shall not apply in excess of the choice of fines; and

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant has a depth of his criminal act from the investigative stage to this court; the defendant deposited KRW 500,000 to F of the police officer after the prosecution; the defendant has no record of criminal punishment while staying in the Republic of Korea; and circumstances unfavorable to him: the police officer was called up to the 112 report that the defendant was under the influence of alcohol and was engaged in the duty of reporting 112, such as soliciting the defendant to return home; and the defendant committed the crime of obstructing the performance of official duties as above.

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