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(영문) 서울서부지방법원 2015.05.07 2015고단454
공무집행방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 27, 2014, the Defendant was informed to the effect that he was the owner of B Rtete car, around 00:50 on December 27, 2014, and that “Isn’t damage the said Mtete car and lock the car above Bosn.” On the top of the Seoul Mapo-gu, Mapo-gu, where a car was parked, it became on the road above 402-22.

In the course of identifying the perpetrator of the damage caused by D while being identified by the police officer belonging to the Seoul Mapo Police Station C District District of the Seoul Mapo Police Station after receiving a 112 report, the perpetrator of the damage caused by the property damage case was found, and the E got her to check from D, “I am dye, dye, dye, dye, dye, dye, fye, fye, fye, fye, fye, fye, fye, fye, fye, fye, fye, fye, fye, fye, fye, fye, fye, fye

As a result, the defendant interfered with the legitimate execution of duties of police officers on criminal investigation and crime prevention.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A statement prepared by the F;

1. Application of each of the Acts and subordinate statutes in writing to F and G;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Determination of a fine shall be made in consideration of the following: (a) the sentencing of Article 334(1) of the Criminal Procedure Act requires contingent crimes; (b) the degree of assault is not serious; and (c) the result of an injury to a victimized police officer does not occur; (d) the defendant has no record of being punished for obstruction of performance of official duties; and (e) the defendant has no record of criminal punishment except for fines imposed twice by assault before 1

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