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(영문) 서울중앙지방법원 2017.10.12 2017고단5852
공무집행방해등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Criminal facts

1. On July 22, 2017, the Defendant violated the Punishment of Minor Offenses Act: (a) around 03:30 on July 22, 2017, at the police box of the Seoul Jung-gu Seoul Central District Court, the Defendant: (b) conveyed and sacricked the police box by very rough words and actions at the police box of the Jung-gu Seoul Central District Court, including: (c) holding the police box in the influence of alcohol; (d) holding the police box inside the police box in the influence of alcohol; and (e) holding the police box in a large

2. On July 22, 2017, the Defendant obstructed the police officer’s legitimate performance of official duties in relation to the prevention, suppression, and investigation of crimes by putting his/her cell phone on the floor of the above police box, without any justifiable reason, while arrested as a flagrant offender of the crime of violating the Punishment of Minor Offenses Act, at the above police box around 03:53 on July 22, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes to a written statement and investigation report (the result of analysis of video data) under the main situation;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing the revocation of notes in official books), and the selection of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act - The unfavorable circumstances: the inferior nature of the crime - the extremely reflective circumstances: the degree and result of the crime of this case; circumstances leading up to the crime of this case; circumstances leading to the crime of this case; the defendant's age after the crime of this case; the defendant's age, health; sexual conduct; family relationship; occupation; and the sentencing conditions specified in the records and arguments of this case shall be determined as ordered by taking into account the various circumstances.

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