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(영문) 서울남부지방법원 2016.01.07 2015고단5112
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

Around 01:50 on August 5, 2015, the Defendant: (a) expressed a desire to “C” police officers under the Yeongdeungpo-gu Seoul Metropolitan Government Police Station D police box, which was called upon 112 reported, such as “salvouts” to the police officers affiliated with the Seoul Yeongdeungpo-gu Police Station D police box, which was called upon 112; (b) displayed the face of the above E; (c) arrested the Defendant on the suspicion of assault against F to arrest the flagrant offender and take aboard the patrol; and (d) assaulted the Defendant, such as cutting the above E on the floor, cutting the head car.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of the Acts and subordinate statutes to the body photographs of damaged police officers;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Although the criminal liability is not minor in light of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the background leading to the instant crime, the degree of damage, etc., the punishment is determined as ordered in consideration of the following: (a) the fact that the Defendant recognizes and reflects the crime; (b) there is no record of punishment for violent crimes; and (c) the Defendant’s age, sex, environment, and circumstances after the crime, etc.

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