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(영문) 서울동부지방법원 2015.10.08 2015고단1948

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 21, 2015, the Defendant: (a) reported on May 21, 2015 in front of a “D” restaurant located in Gwangjin-gu Seoul Special Metropolitan City, and received 112 reports to the effect that the Defendant interfered with the business, and (b) received recommendations from F, a police officer belonging to the Seoul Mine Police Station Estation, and G to pay the food value and return home; (c) took a bath to the above police officer; and (d) continuously obstructed the start of the patrol car before and after the second line of the said restaurant; and (d) as a result, the passage of the road became impossible, the Defendant was arrested as a flagrant offender of interference with the general traffic from the above police officer.

At around 04:12 on the same day, the Defendant was brought to the Estation of Seoul Mine Police Station, and tried to get the entrance by towing the metal chairs who fastened the lock, moving them to the entrance. Since he was removed from the police officer G, he knee, walking knee of G one time, and the police officer F knee and walked the Defendant at one time by hand due to the defect that prevents the Defendant from leaving his seat.

Accordingly, the defendant interfered with the police officer's 112 reporting duty and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A H statement;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The crime of this case is committed in light of favorable circumstances such as the fact that the nature of the crime is not good: the initial crime, the fact that the crime is committed by mistake, and the circumstances of the crime may be taken into account as contingent crimes, and the result of damage is not relatively heavy, and other factors for sentencing indicated in the arguments and records of this case shall be determined as per Disposition by comprehensively taking into account various factors for sentencing.