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(영문) 서울중앙지방법원 2016.08.25 2016고단3979
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On May 5, 2016, around 23:25, the Defendant received a request for returning home from a policeman belonging to the Seocho Police Station E box, who was sent to the scene by a police officer assigned to the front police box, after receiving a report from 112 that the proprietor was in front of the E box located adjacent to the Seocho-gu Seoul, Seocho-gu, Seoul. On May 5, 2016, the Defendant attempted to board the patrol vehicle, “I would get out of the patrol vehicle. I want to get out of the patrol vehicle.” On the other hand, the Defendant was able to get out of the patrol vehicle, with the face of F that controlled him one time as a drinking and carried out by F.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Application of Acts and subordinate statutes to photographs of victims;

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 sentencing of Article 334(1) of the Criminal Procedure Act, based on the following circumstances: (a) the Defendant’s recognition of the crime and reflects the criminal intent; (b) the degree of exercise of tangible power is relatively minor; (c) police officers assaulted by the Defendant also wanting to take the front line; (d) the Defendant does not have any criminal record other than fines of KRW 300,000; and (e) the Defendant’s age, sex behavior, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the argument of the instant case are considered.

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