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(영문) 서울중앙지방법원 2013.05.03 2013고정636

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. Around 06:00 on November 23, 2012, the Defendant, while under the influence of alcohol in front of Seongbuk-gu Seoul, was unable to get off the taxi without getting off the taxi.

Accordingly, the victims D(34 years of age) and the victims E (55 years of age), who are police officers belonging to the Seongbuk Police Station C District District Department, were dispatched after the report 112, and the Defendant publicly insulting the victims by saying, “The Defendant is frighten.” The police officers frighten, Chewing, and the Korean police kiss, which will be taken by them.”

2. The Defendant interfered with police officers’ legitimate performance of official duties, at the above date, time, and place of the obstruction of performance of official duties, including: (a) the Defendant, at the police officers D, who extracted earphones connected to the Handphones, thereby committing assaulting the victim face; (b) the Defendant expected the body on the patrol car driver’s seat, and prevented the patrol car from departing.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes of the police statement protocol (including the EM) to D;

1. Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment: Selection of a fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.