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(영문) 서울남부지방법원 2017.03.16 2016고단6153
공무집행방해
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

On November 18, 2016, around 23:28, the Defendant: (a) obstructed another person’s car and parked on the front side of Yeongdeungpo-gu Seoul Metropolitan Government, and did not drive a vehicle; and (b) demanded that the Seoul Yeongdeungpo Military Police Station Life Safety and the process D belonging to C, dispatched upon receiving a report 112, leave the Defendant to leave the vehicle; (c) demanded that D leave the vehicle on the floor; and (d) caused D to stop this, the Defendant sent to D “D is memory of the width face, and the photograph will not be returned to Koreans.”

“In intimidation,” and assaulted D’s item at one time by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 report processing.

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 to field photographs and display materials;

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. All circumstances, such as the fact that the defendant had no criminal record of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the degree of interference with the execution of official duties, motive for the crime, degree of violence, and circumstances after the crime, etc.

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