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(영문) 서울서부지방법원 2016.04.08 2016고단187
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

Around 05:00 on January 19, 2016, the Defendant: (a) took a taxi in front of Mapo-gu Seoul Metropolitan Government, and was reported by a taxi engineer, and was sent to the site by the police officer D belonging to the C District, who was sent to the site, expressed that “the victim’s chest is equal to bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and (b) took the victim’s chest one time by hand.

As a result, the defendant interfered with police officers' legitimate performance of duties related to civil petition reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order has the record of being punished as a crime of obstructing the performance of official duties, and even if there have been several records of punishment for other violent crimes, it is necessary to make a strict punishment for committing the crime of obstructing the performance of official duties in this case.

However, the above punishment shall be determined by a fine in consideration of the fact that the defendant's mistake is recognized, that there is no record of more severe punishment than a fine, that the police officer exercised violence on one occasion, and that the police officer did not inflict an injury.

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