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(영문) 서울서부지방법원 2016.08.31 2016고단1660
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

On June 9, 2016, at around 22:30 on June 22, 2016, the Defendant was reported to request the measures to protect the drunk female in front of the exit of 33Mapo-gu, Mapo-gu, Seoul, and was sent to the patrol vehicle by D, a policeman belonging to the Mapo-gu Police Station C, who was called to have been on board the patrol vehicle. On the same day, the Defendant was cut off the door of the patrol vehicle, d's hand, etc. to restrain it. On the same day, around 23:00, the Defendant was fright down on the floor at the F District of the Mapo-gu Police Station located in Mapo-gu, Seoul, and broken off the d's handh's hand.

As a result, the Defendant assaulted police officers who perform legitimate duties in relation to the prevention, suppression and investigation of crimes, and at the same time put the victim D to the right side, which requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

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

1. Selection of an alternative fine for a punishment (the first offender shall be considered);

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

1. The amount of fine shall be determined by taking into account the following circumstances: (a) the reason for the sentencing of Article 334(1) of the Criminal Procedure Act, the degree of assault and injury, the degree of self-harm, and the fact that the person does not repeat the offense; and (b) the initial offender.

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