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(영문) 서울남부지방법원 2016.05.18 2016고단565
공무집행방해등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 1, 2016, at around 22:50, the Defendant: (a) sought to request a woman from her mother in the cel located in Gangseo-gu Seoul Metropolitan Government, to leave D; (b) he was rejected; (c) he she expressed a desire to her to her; and (d) on the ground that E in the Gangseo-gu Police Station, dispatched upon receipt of 112 a report and only heard the statements of the said D; and (b) on the ground that: (c) “Isk only ? ? ? ? ? ? ? ? ? ? ? ? ? ?

C. The Defendant committed assault, such as the Defendant’s mash, and the Defendant’s mash, thereby obstructing the police officer’s legitimate execution of duties concerning the prevention and suppression of police officers’ crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Application of Acts and subordinate statutes to investigation reports (as to the submission ofCCTV video images);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant had been sentenced twice a fine for violent crimes prior to the sentencing, and the act of assaulting the police officers performing official duties and obstructing their performance of official duties is disadvantageous to the Defendant.

On the other hand, the defendant reflects his mistake, the degree of assault is relatively minor, the fact that there is no previous conviction or more than a suspended sentence prior to the suspension of execution is favorable, and the sentencing guidelines are not applied as the order is determined by taking into account the sentencing conditions indicated in the records and changes. Of the facts charged in this case, the summary of the charge of assault among the facts charged in this case is that the defendant demands the victim D (n, 66 years old) who is the host in the Gel located in Gangseo-gu Seoul Metropolitan Government on February 1, 2016 (n, f2:50, around February 22:50, 2016) to leave women. However, the victim refused it and the victim expressed his card at the right side of the victim.

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