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(영문) 서울중앙지방법원 2018.01.08 2017고단8167
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Punishment of Minor Offenses Act was drinking on August 25, 2017 from around 06:32, to around 07:05, 59-ro 23, 000 to around 07:00,000, in a forest tent near 59-ro 23,000 in Seoul Special Metropolitan City.

B and his/her first pedal shall be free from alcohol, bet a test fee, and "I am tin's tin who works in Gangnam-do."

It refers to "", and it makes another person uneasy by very rough words and behavior, such as intending to put the B in an electronic tobacco, etc.

2. On August 25, 2017, around 07:05, the Defendant obstructed the performance of official duties, at the above place, and at the seat of the police station C, dispatched after receiving a report 112, the Defendant demanded that the Defendant produce an identification card to the Defendant. As such, the Defendant: (a) stated that the Defendant: (b) stated that the Defendant was “Chewing, cut,” and (c) expressed the victim’s chest at once; and (d) obstructed the police officer’s legitimate performance of duties concerning the handling of reports by the police officer on 112 occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of reference witnesses;

1. Application of Acts and subordinate statutes to investigation reports, hearing statements by telephone against damage situations, etc.;

1. Article 3 (1) 19 ( point of creating unstables) of the Punishment of Minor Offenses Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the maximum amount of the crimes above two crimes prescribed by the offense of interference with the execution of heavier public duties);

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

1. On the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing guidelines shall be determined as ordered by taking into account the following circumstances: (a) the Defendant’s age, sexual conduct, environment, family relationship, health status, motive, means and consequence of the crime; and (b) the motive, means and consequence of the crime; and (c) the circumstances after the crime, etc., which are favorable to each of the instant crimes, including the fact that the nature of each of the instant crimes is not good.

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