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(영문) 서울남부지방법원 2015.10.02 2015고단3127
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 June 7, 2015, at around 02:08, the Defendant, within Yeongdeungpo-gu Seoul Metropolitan Government “C”, and obstructed legitimate performance of official duties for about 15 minutes, including, but not limited to, e.g., ice E belonging to the Seoul Yeongdeungpo-gu Police Station D District Unit, which was called out after having received a report that a host satisfe the satisfe, and committing assault on a drinking part.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the F Statements;

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. Article 334(1) of the Criminal Procedure Act of the provisional payment order requires strict punishment for the crime of obstruction of performance of official duties in order to create a social atmosphere that prevents the light view of the public authority and respects the law and principles. However, the punishment as ordered is determined by comprehensively taking account of the following factors: (a) the Defendant’s confession of the instant crime while committing the instant crime; (b) there is no criminal record against the Defendant; and (c) the Defendant’s age, character and conduct, environment, circumstances after committing the instant crime; and (d) the conditions of all the sentencing

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