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(영문) 서울서부지방법원 2016.07.08 2016고단327
공무집행방해
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On January 2, 2015, at the main point of “C” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul on January 22, 2015, the Defendant assaulted “C”, on the ground that: (a) the slope E affiliated with the police box of Seodaemun-gu Police Station D, which was called after receiving a report that a female spawns the disturbance, inspected the identification card of a female guest who appears to be a minor at the Defendant’s request; and (b) did not show his/her identification card to E, on the ground that he/she did not have shown his/her identification card, he/she sent to E, “this spath, ....”; (c) f, along with the police officer called into “C”, arrested him/her, and tried him/her to take the face of the said F in which he/she intends to take the patrol once again.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the reported case by the police officer E, F, and F, as seen above.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and F;

1. Application of the G’s written Acts and subordinate statutes;

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

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

5. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act with regard to a provisional payment order does not appear to memory under the influence of alcohol at the time of committing the instant crime.

The records of this case show that the defendant had drinking alcohol at the time of the crime, but it does not seem that the defendant had no or weak ability to discern things or make decisions. Thus, the defendant's above assertion cannot be accepted.

Reasons for sentencing

1. Unfavorable circumstances: Cases of assaulting police officers in uniform, such as bad quality of the crime, etc.

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