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(영문) 서울북부지방법원 2016.07.07 2016고단1579
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On March 20, 2016, at around 01:20 on March 20, 2016, the Defendant: E, a police officer affiliated with the Gangnam Police Station D police box called out after receiving a report of assault in front of the C cafeteria located in Gangnam-gu Seoul Metropolitan Government, was asked the Defendant to ask him about the circumstances of the case, and “a suitable show.”

The term "Wook" means "Wook", and as his hand, E was assaulted several times.

In addition, the defendant was arrested the victim F (41) who is the police officer belonging to the police station in the Gangnam Police Station, who was called for, and the defendant tried to arrest the defendant as the current criminal of interference with the performance of official duties, and the defendant was asked the victim's left side of the police box to be removed.

As a result, the defendant interfered with legitimate performance of duties by police officers concerning prevention, suppression and investigation of crimes, and at the same time, the victim F requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. A medical certificate;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to the investigation report (No. 1 of the evidence list);

1. Article 136 (1) and Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

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

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of recommended sentences on the sentencing criteria: The sentencing criteria shall not apply in excess of the choice of fines; and

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant is deeply divided into and reflected against his own crime; the defendant paid 4 million won to the victim F, 300,000 won to the police officer E, and the above F and E's written agreement stating the intention of not to punish the defendant was submitted to this court; and the defendant has no record of criminal punishment, etc.

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