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(영문) 서울동부지방법원 2016.04.20 2015고단3927

공무집행방해

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 28, 2015, at around 01:10, the Defendant: (a) reported 112 on the street before the Seoul Gwangjin-gu Seoul Special Metropolitan City House that customers drink and fright; and (b) received a request for returning home from the police officer E belonging to the police officer of the Seoul luminous Police Station D commander, and the police officer, who continued to go home from F; (c) was under the control of the above police officer, and was fright to go home from the above police officer; (d) the Defendant fright the arms of the above police officer, and fright the arms of F in line with the above police officer’s arms.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine (the first offender, the degree of violence is relatively minor, and the fact that it is a contingent crime, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;