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(영문) 서울동부지방법원 2016.03.30 2015고단3926
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 December 16, 2015, around 00:40 on December 16, 2015, the Defendant assaulted a taxi driver of the taxi who was posted by the Defendant on the street in front of the Seoul Song-dong Police Station located in Songpa-dong Seoul, Songpa-gu, Seoul, and the said taxi driver was faced with the said police station, and the Defendant was killed.

It is flatd by NAk-ro.

”라고 소리치며 계속하여 택시기사를 때리려고 하였는데, 이에 위 경찰서 C 근무 자인 경찰관 D, E가 이를 제지하자, 피고인은 “ 나 빽 있어 ”라고 하면서 위 D의 상의를 잡아 밀치고, 주먹과 발로 때리려고 하고, 위 E의 상의를 잡아 밀쳐 폭행하여 경찰관의 범죄 예방 진압 및 수사, 공공의 안녕과 질서 유지에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D, F, and E;

1. Application of the respective Acts and subordinate statutes of D, F and E;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is not good, such as: (a) the fact that the Defendant assaulted a taxi engineer and escaped is driving away from the police station in order to assault the taxi engineer; and (b) the Defendant used physical power to police officers who restrain the Defendant’s assault; (c) however, the Defendant committed a crime of dysing by drinking alcohol (as at the time of committing the Defendant’s speech and behavior), and (d) the Defendant was physically and mentally

In addition, it is not recognized that an agreement has been made with a taxi engineer, that there is no other serious penalty except a fine of 200,000 won and a fine of 300,000 won due to a violation of the Road Traffic Act in 198, and a crime of insult in 2015, and that violence has not been much serious and has been committed in good faith.

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