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(영문) 서울중앙지방법원 2016.05.26 2015고단7908

공무집행방해등

Text

1. The defendant shall be punished by imprisonment for six months and a fine of one hundred thousand won;

2. Provided, That this ruling is for a period of one year from the date on which it becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 29, 2015, the Defendant dumped waste, etc., which the Defendant was frighting to the labb in the street lab, around July 29, 2015, at the center next to the Gangnam-gu Gangnam-gu Seoul Metropolitan Government Gam Research Institute Gangnam-gu Center (Seoul).

2. The Defendant interfered with the performance of official duties at the above date, at the above time, and at the above place, who was asked by the police officer I and J of the Seoul Gangnam Police Station to produce identification cards or to request resident registration numbers from the police officer I and the police officer J of the police station at the police station I and the police officer J of the above.

Republic of Korea Satus Hack Hack

“In order to leave the place, the police officers used to arrest the Defendant as a flagrant offender for the reason that the said police officers obstructed the Defendant and his residence is unknown, and assaulted, by hand, the said I’s body and arms cut off several times, and walking the above J’s bridge part on several occasions.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness K, L, J and I;

1. Each police statement made to K, L, J, and I;

1. Photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) 11 of the Punishment of Minor Offenses Act (the act of dumping wastes, etc.) and Article 136 (1) of the Criminal Act (the act of hindering the performance of official duties) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Election of fines, and interference with the execution of official duties, against the crime committed in violation of the Punishment of Minor Offenses Act: Imprisonment;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

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

1. The community service order under Article 62-2 of the Criminal Act;

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

1. The following objective circumstances acknowledged by the evidence duly adopted and examined by this court on the facts constituting the crime prior to the conviction of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.