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(영문) 서울중앙지방법원 2016.06.01 2016고단243
공무집행방해등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[Attachment, around January 11, 2016, the Defendant: (a) around 23:30 on January 11, 2016, the Defendant: (b) obstructed the course of a H car driver I and a trial on the road in front of the sending box located in Seocho-gu Seoul, Seoul; and (c) was punished by the said vehicle driver I and a trial expenses; and (d) the police box belonging to the Seoul Seocho Police Station, who was dispatched to the scene upon receiving the said I’s report, was under the judgment that the Defendant might cause danger and harm to his or other people’s life, body, and property due to alcohol; and (c) the Defendant was sent the Defendant to the F Police Station as part of the protective measures under the circumstance that the Defendant was under the influence of alcohol.

[2] On January 11, 2016, the Defendant: (a) was arrested as a current criminal of interference with the performance of official duties and insult at the office of F police box of the Seocho-gu Seoul Seocho Police Station on January 23:45, 2016; and (b) thereby damaging the Defendant’s 4 times of walking away from the line of public goods, which is installed at that place, while taking a bath to read “Ig son,” and doing so.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of K Witness;

1. Application of Acts and subordinate statutes to partitions photographs;

1. Relevant legal provisions concerning criminal facts, Article 141(1) of the Criminal Act of the choice of a sentence, the choice of a fine (which is an act during the suspension of execution due to a crime committed against the same type of crime, and a violation of public authority during the state action, etc., although the nature of the crime is very poor, it has shown an attitude to reflect the crime during the period of detention near five months, and the prevention of recidivism is conducted; the compensation for damaged goods has been made; and all other circumstances, such as the defendant's age, sex, environment, family relationship, etc.

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

1. As to the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the defense counsel at the time of the instant case had a mental or physical loss, or mental and physical weakness, while under the influence of alcohol.

The argument is asserted.

However, as acknowledged by evidence (the reasons for innocence, as shown below), the defendant at the time of the instant case.

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