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(영문) 서울남부지방법원 2017.05.11 2016고단5944
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 3, 2016, at the front of Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (a) committed assault, such as breathing, breathing, and fluoring the neighbors under the influence of alcohol; (b) committed an assault on the road to be issued with a penalty payment notification from E slope belonging to the Seoul Yeongdeungpo-gu Police Station D, Seoul, which called upon receiving a report from 112 that the Defendant fluordds the surrounding people; (c) in order to prevent the accident from the E slope, the Defendant caused the fluoring and fluoring the Defendant to fluor, such as “this, fluor, fluor, fluoring, fluoring the bit of a bitch,” and (d) was arrested by the current offender, and was arrested by the police station located at the National Assembly of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Seoul, as the National Assembly, to have his phone number and job sloped from E slope, etc.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases and criminal investigations by police officers as above.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes concerning police officers' assault and violence photographs, notification of payment of penalty, and application of the department related to the reporting of 112 case;

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 fact that there was a record of being punished several times for committing a crime related to violence on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and the crime of this case is a crime during the period of suspension of execution: Provided, That the crime of this case is not limited to the degree of interference with the performance of official duties of the defendant or the degree of violence, and other extenuating circumstances such as motive, means of crime

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