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(영문) 서울중앙지방법원 2017.09.14 2017고단3411
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant interferes with the performance of official duties on May 9, 2017, in front of Gangnam-gu, Seoul Special Metropolitan City Mayor around 06:50, and the Defendant does not take place in the taxi.

“A police officer D, who was dispatched to the scene after receiving a report 112, took a bath for the reason that the police officer D, who was assigned to the scene, was broken the Defendant, and was assaulted by the victim’s faces, thereby obstructing the police officer’s legitimate execution of duties concerning handling of reports and maintaining order.

2. The Defendant damaged goods for public use on the ground that he was arrested on charges of interference with the performance of official duties at the same time and at the same place as the preceding paragraph, and that he was detained in the process of being carried out by a police box via C police box, thereby damaging the goods used by public offices by exposing the ice cryp board of the patrol vehicle on several occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with D or E;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes on photographs and images of damage;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the selection of fines for the crime;

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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which assault the police officer who the defendant had tried to return to his/her country under the influence of alcohol, and the police officer who was arrested and moved to a police box while carrying the patrol boat to a police box, requires the corresponding punishment and the damage caused by the defendant’s act was not recovered.

The defendant shows his attitude to recognize and reflect the crime of this case and has been punished once.

Other conditions of sentencing, such as the defendant's age, sex, family relations, records of crimes, the circumstances of this case, and the future progress, shall be determined in the same manner as the order.

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