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(영문) 서울북부지방법원 2015.04.08 2015고단358
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

On January 1, 2015, at around 01:10, the Defendant received a report of 112 that he was moving to the front side of Seongbuk-gu Seoul, Seoul, and obstructed the police officer’s legitimate performance of official duties for about 10 minutes, including: (a) the victim’s background D (the age of 56, south) who is a police officer belonging to the Seoul Sejong District Police Station C Zone C District; and (b) the Defendant took a breath by breathing, “I wish to kill and die, I want to do so”; and (c) the Defendant buckbucks on the right side, walking three times in the middle of Seongbuk-gu Seoul, and breathing the buckbbbbbbbbs, proneing the breath,

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of obstruction of the performance of official duties on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus, it is necessary to strictly punish the crime of obstruction of the performance of official duties in order to establish legal order of the State and eradicate a light

However, the defendant's mistake is divided and reflected, and the defendant is the primary offender, and the defendant's age, character and conduct, environment, motive, means and result of the crime, the circumstances after the crime, etc. shall be determined as the same as the order.

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