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(영문) 서울동부지방법원 2017.02.08 2016고단4177
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 500,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. The Defendant interfered with the performance of official duties on the roads front of Gangdong-gu Seoul Metropolitan Government around November 3, 2016, and “I will not cause any guest.”

“Around the 112-round the Seoul Gangseo-gu Police Station C District District (54(C) that was dispatched to the site after receiving a report, he heard the speech that he will pay a taxi fee and return home to the site only, “I am her,” and her walked as “I am. I am her the Defendant’s arms. I am her the Defendant’s arms, and the Defendant used the D’s bridge as her arms, and assaulted the D’s bridge by walking it once.

As above, the Defendant interfered with the police officer’s legitimate execution of duties concerning the handling of reported cases.

2. Around November 21, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) under the influence of alcohol, while under the influence of alcohol, the Defendant expressed police officers “C District Group” in Gangdong-gu Seoul to “C District Group,” “Sicks, Sicks, and Sicks,” and (b) caused very rough horses and behaviors at government offices.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to F or D;

1. A statement prepared by the F;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting the crime (or choice of imprisonment) and Article 3 (3) 1 of the Punishment of Minor Offenses Act (or punishment) of the same Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendations] / [the grounds for sentencing of Article 334(1) of the Criminal Procedure Act / [the scope of recommendations] the basic area (six months - one year and four months / the sentence] / The defendant assaultss a police officer who wear a uniform, and the degree of the assault is minor;

It is criticized in that it is not possible to do so, and it is not received from the damaged police officer.

However, it seems to have reached the crime of this case by accident in the whole season, depth.

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