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(영문) 서울남부지방법원 2016.05.13 2016고단563
공무집행방해
Text

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

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

Reasons

Punishment of the crime

At around 02:40 on December 31, 2015, the Defendant: (a) at the front of “C” located in Seocho-gu Seoul Metropolitan Government, Young-gu B, Seoul, the Defendant: (b) was found to have tried to arrest the Defendant’s friendly F as an offender of assault; and (c) “When she intends to arrest the Defendant’s friendly F as an offender of assault”

“In doing so, assaulted, such as smugglinging and bringing the above E.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The act of assaulting police officers performing their official duties on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, such as the instant crime, and obstructing the performance of official duties, is not against the nature of such crime.

However, the sentencing guidelines as ordered shall be determined by considering the fact that the defendant made a confession of his mistake and reflects, the fact that the relative is about to arrest the defendant as an offender in the act of committing the crime of this case, the fact that there is no criminal record of the suspension of execution or more before that time, and other conditions of sentencing as indicated in the record and change theory (the sentencing guidelines are not applied because they are sentenced to a fine).

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