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(영문) 서울남부지방법원 2016.07.19 2016고단1037
공무집행방해
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On February 28, 2016, at around 23:32, the Defendant: (a) informed the Defendant, in the modern alet elevator in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, at around 112, the main 10-gils used; (b) recommended the Defendant to return home, and the slope C, etc. affiliated with the Seoul Geumcheon Police Station B police box called out after receiving a report from the main 112 that the proprietor was used; and (c) took a bath, and assault C’s dump and dump, etc.

As a result, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine (to take into account the following circumstances):

1. The punishment of a fine like the order shall be imposed in consideration of the circumstances, such as the fact that a person commits a crime that disturbs public order by exercising violence against a police officer on the grounds of sentencing under Articles 70 and 69(2) of the Criminal Act, but is not less vulnerable to the punishment of a fine, taking into account the following: (a) an act that is a contingent crime under the influence of alcohol; (b) an act that leads to the confession of and seriously against a crime; and (c) an act that has no record of crime in Korea.

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