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(영문) 서울중앙지방법원 2016.07.21 2016고단3606
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 30, 2016, at around 00:40 on May 30, 2016, the Defendant was disputing the issue of the route of arrival of a taxi engineer and destination at the front of a police box located in Jung-gu Seoul, Jung-gu, Seoul., the Defendant heard from the slopeD affiliated with the above police box that “if there is any complaint against a taxi engineer, the Defendant shall receive a civil petition No. 120, and once she returned home, she shall return this, she must do so.”

“Abandoning the police box as “,”, she was saluted by breaking a battop of E, and pushed the chest of the above D, which she prevented, on several occasions by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of order D and E by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of Acts and subordinate statutes on the report of investigation;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties);

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

1. Selection of an alternative fine for punishment;

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

1. The punishment shall be determined as per the order, taking into consideration the following: (a) the fact that the error of the reason for sentencing under Article 334(1) of the Criminal Procedure Act in the provisional payment order is pening in depth; (b) the contingent crime in a state of under the influence of alcohol is committed; (c) the police officers who received a letter from the victimized police officers wanting to find the wife; and (d) the first offender who has no record of criminal punishment.

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