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(영문) 서울남부지방법원 2014.09.17 2014고단2869
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 July 11, 2014, at around 23:30, the Defendant received 112 report (1371 No. 13741) that the subject was under the influence of alcohol in front of the home flusium in Gangseo-gu, Seoul, Yangcheon-ro 431, and was dispatched from C and a slope D.

The above police officers must go to a safe place, and the sacriffed him, and expressed the above police officers’ desire to “I am back. I am saw. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am...

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers in uniform.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and C

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of selective fine for punishment (the following extenuating circumstances among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing guidelines are not applicable according to the choice of a fine for reasons of sentencing under Article 334(1) of the Criminal Procedure Act. While there are unfavorable circumstances such as the need for strict punishment for the crimes of obstruction of performance of official duties of this case in order to establish the state's legal order and eradicate the light of public authority, the defendant currently has committed each of the crimes of this case, the defendant is able to repent his mistake while making a confession of each of the crimes of this case, the defendant seems to have committed each of the crimes of this case in contingency under the influence of alcohol, and the defendant has no record of being punished for violent crimes, and the defendant has not been subject to any criminal punishment except three times of fines due to the violation of the Road Traffic Act, and violence is committed in each of the crimes

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