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(영문) 서울남부지방법원 2016.10.24 2016고단3082
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

At around 14:40 on June 17, 2016, the Defendant, at the front of the Seoul Yangcheon Police Station C District of Yangcheon-gu Seoul Metropolitan City, requested the Defendant, who was a taxi engineer, to leave the taxi in front of the said district, and sought assistance from E, etc. in the circumstances in which he belonged to the said district. Accordingly, the Defendant, who was locked, paid a taxi fee to the Defendant, who was paying for the said E, was able to return home, and who was able to return home, and was able to drink the said E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

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 draft D;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the criminal act of this case, which the defendant takes a bath to a police officer in the course of performing official duties, cannot be deemed to be light. In light of the fact that the defendant was absent without permission on the sentencing date, it is doubtful that the defendant's mistake is divided into a petition.

However, the punishment is to be determined as ordered by taking into account the following factors: (a) it appears that the Defendant was locked and contingent to commit the instant crime; (b) the degree of assault is relatively minor; (c) the Defendant recognized the mistake; and (d) there is no criminal power against the Defendant.

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