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(영문) 서울중앙지방법원 2016.02.16 2015고단6895
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On October 31, 2015, the Defendant interfered with the performance of official duties, at the front of the “C main office” located in Gwanak-gu in Seoul Special Metropolitan City, Gwanak-gu, the Defendant used a c main office in the street, and was subject to the control of police officers E (W, 37 years old), and F (23 years old) belonging to the police station D branch of the Maak-gu Police Station, which was under the patrol, during the patrol, used a drinking f to present an identification card, and “F f, as f, f,” and “F f, f, f, f, f.

We can see the possibility of probanding.

"........." "..................................

".......... for the purpose of securing evidence, hand hand hand over as soon as they turn over E to carry the same Chapter, and "............."

".....................................

The Defendant, by assaulting the E and F, interfered with the maintenance of order and the legitimate execution of his duties in criminal investigation.

2. While the Defendant heard the aforementioned victim E and F at the above date, time, place, etc., the Defendant publicly insultingd the victims by referring to “Crep. . Hab f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes to the complaint filed by E and F;

1. Article 136 (1) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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 of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) reflects his mistake.

In addition, the age, sex, family relationship, family environment, motive and means of crime of the defendant.

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