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(영문) 서울동부지방법원 2016.07.20 2016고단1403
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 March 30, 2016, at the front of Gwangjin-gu Seoul Special Metropolitan City, the Defendant: (a) was in contact with the police officer D, who was at the police station C police station in Gwangjin-gu, Seoul, and arrested the Defendant, and confirmed it; (b) at the time, the Defendant was suspected of drinking, such as drinking, drinking, etc.; (c) demanded the Defendant to set off his vehicle; (d) by getting off from the vehicle, the Defendant was frightened by assaulting the police officer’s title to prevent and investigate the police officer’s crime; and (d) interfere with the legitimate performance of duties concerning the public peace and order maintenance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order prevents a police officer from performing his/her duties by putting in uniform the reason for sentencing, and is not subject to the minor punishment. However, the degree of interference with the performance of his/her duties is insignificant, there is no criminal history exceeding the same kind of punishment and fine, and the fact that the confession of the instant crime and the depth of the instant crime are against the Defendant, taking into account the circumstances favorable to the Defendant, the punishment as set forth in the order shall be determined.

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