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(영문) 서울남부지방법원 2016.11.10 2016고단3917
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 August 7, 2016, at around 18:20, the Defendant: (a) obstructed the disturbance, such as taking the taxi driver at the front of the bus stop located in the city of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, without any reason under the influence of alcohol on the front of the bus stop, instead of 60-ro 18:20 roads; (b) reported 112, and was dispatched to the area, and assaulted against the face of the above D on three occasions by taking the border of the Seoul Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, Seoul, Police Station C, and called the area.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement made to D by the police;

1. Application of the respective Acts and subordinate statutes of E and F;

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. Article 334(1) of the Criminal Procedure Act provides that the defendant's act of assault constitutes self-defense or legitimate act in light of the motive, the age, etc. of the defendant. However, in light of various circumstances, such as motive, method of assault, and assault committed by each evidence revealed by the above evidence, the defendant's act of assault cannot be deemed as legitimate self-defense or legitimate act. Thus, the above assertion by the defendant and the defense counsel cannot be accepted.

The defendant's reasons for sentencing is that he assaults a taxi engineer, and the defendant's face of the police officer called out after receiving a report is not easy.

However, it seems that the defendant committed a crime against the refusal to take passengers, and it seems that the degree of assault was not strong as an old age of 87 years, the police officer who was assaulted is in the front line, and all other circumstances such as motive, means and results of the crime, etc. shall be determined as ordered by the order, taking into account all the circumstances, such as motive, method and consequence of the crime, after the crime.

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