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(영문) 서울중앙지방법원 2016.06.28 2016고단3097
공무집행방해
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

On April 18, 2016, at around 02:30, the Defendant committed assault against the “C of the 4th floor of the building in Gwanak-gu, Seoul Special Metropolitan City(Seoul Special Metropolitan City)”, such as drunk D, and fighting with other daily behaviors while under influence of alcohol. The Defendant attempted to arrest the said D as an actual offender of the crime of assault, and the Defendant’s Haak-gu Police Station E District of the 112 reported and dispatched to the site, and attempted to restrain the f from arresting the said D as an offender of the crime of assault. The Defendant assaulted the F’s shoulder by hand three times, with the hack and hack.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes to a report on investigation (the counter-investigation of a wooden shooting person);

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. In light of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the nature of the crime in this case is inferior, but it appears that the defendant committed the crime in this case by drinking and contingently taking into account the following as favorable circumstances for the defendant: (a) the degree of damage suffered by the police officer who suffered from the crime in this case is relatively minor; and (b) the primary offender who has no past criminal punishment history; and (c) the defendant's age, sex behavior, environment, occupation, motive, means and consequence of the crime in this case and the circumstances after the crime, etc.; and (d) the punishment shall be determined as ordered by taking into comprehensive account various conditions of sentencing as shown in the records and arguments, such as the defendant's age, sex, occupation, motive and consequence of the crime in this case, and the circumstances after the crime.

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