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(영문) 서울중앙지방법원 2017.01.12 2016고단8610
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On October 10, 2016, the Defendant: (a) around 00:10 on October 10, 2016, at the front of the two-one taxi parking lot located in Seocho-gu Seoul, Seocho-gu, Seoul, the Defendant detained the victim by gathering three times the face of the victim B (63) who is a taxi engineer, who was a taxi driver.

2. The Defendant interfered with the performance of official duties at the time and place set forth in the above 1.1. 1. At the time and place, the Defendant: (a) the slope D belonging to the Seocho Police Station C police box called up after receiving a 112 report; and (b) the Defendant sent to D, “I see. I am to the police station of why she was fright.”

In this context, the police officer's legitimate execution of duties concerning the mobilization of the 112 report duty was obstructed in the way that he gets sound and walked once from the right bridge of D, and walked to the right bridge.

3. On October 10, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) around 00:50 on October 10, 2016, at the police box located in Seocho-gu Seoul, the Defendant was arrested as a current offender of the crime of assault and the crime of interference with the performance of official duties; (b) on the police officer D, etc. working for the police station, etc.

h. The payment test of fines is changed.

In doing so, while under the influence of 30 minutes by avoiding disturbance, a government office had a very rough and disorderly speech and behavior at the government office.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to D and B;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 260 (1) of the Criminal Act (the point of assault, the selection of the punishment of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing the revocation of the punishment in the official document, the selection of fines) concerning the crime;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The scope of the recommended sentencing guidelines for the sentencing of Article 334(1) of the Criminal Procedure Act is limited to imprisonment.

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