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(영문) 서울북부지방법원 2016.03.24 2015고단4112
공무집행방해
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

On August 29, 2015, the Defendant: (a) around 00:43, around 00:41, at the front of the Do Building located in Seoul Special Metropolitan City, Nowon-gu, the Defendant was required to pay the costs due to D taxi drivers D and cab bills used by the Defendant; and (b) requested D to find and assist a patrol vehicle in the vicinity, and requested D to find and assist in the patrol vehicle in the vicinity, the AssistantF belonging to the Seoul Nowon-gu Police Station Edistrict in Seoul Special Metropolitan City to arbitrate the above problem, and settled the

Defendant 1 paid the taxi fee as above, and the voice voiceed in the black box was also recorded to F, and the voice of F is not recorded.

Along with the defect, I expressed that I would like to say that I would like to see this disease, and I would like to say that I would like to say I would like to see this part of F on one occasion by drinking.

As a result, the Defendant assaulted F and interfered with the legitimate execution of duties on the protection of F’s life, body, and property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement No. 1 and twice with respect to F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (F telephone conversations for witnesses);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant and the defense counsel had been in a physical and mental state by drinking at the time of committing the instant crime

Therefore, in light of the Defendant’s speech and behavior at the time of committing the crime acknowledged by the aforementioned evidence, it seems that the Defendant lacks the ability to discern things or make decisions at the time of the crime, and thus, the above assertion by the Defendant and the defense counsel is not acceptable.

Reasons for sentencing

1. The scope of punishment by law: A fine not exceeding ten million won;

2. Scope of recommended sentences on the sentencing criteria: The sentencing criteria shall apply to the persons who choose a fine.

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