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(영문) 서울북부지방법원 2017.04.13 2016고단5654
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, at around 01:30 on October 21, 2016, at the Seongbuk-gu Seoul, “D” house located in Seongbuk-gu Seoul Metropolitan Government, and on the ground that F of the police officer affiliated with the E District Police Station of the Madern Police Station, dispatched after being reported 112, was broken up to take measures for the Defendant’s returning home, and thus, the Defendant was raising and shicking to the said police officer.

“Absing the 112 Report Handling, etc. by assaulting the police officer by carrying the brupt of the police officer, carrying him/her by hand, pushing him/her, etc., and obstructing the police officer’s legitimate performance of official duties concerning the handling of the 112 Report Report Cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Investigation reports (a summary report of the contents of CDs), and the application of statutes on investigation reports (to hear statements by victimized police officers);

1. Relevant legal provisions concerning criminal facts, Article 136 (1) of the Criminal Act selective punishment, and selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the Defendant’s starting committing the instant crime.

The degree of interference with the defendant's performance of official duties is not significant.

As a result, the Defendant committed the instant crime. The Defendant was sentenced to a fine due to the crime of property damage, and there is no other criminal records except for the Defendant.

Comprehensively taking account of these circumstances, the sentence as ordered shall be determined.

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