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(영문) 서울북부지방법원 2017.05.17 2017고단473

공무집행방해

Text

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

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On December 22, 2016, 05:18, the Defendant received 112 reports that the Defendant was coming to the roadside of 407 Myeon Ba-ro, Jung-gu, Seoul, and sent back to the roadside, and received 112 reports from C, the police box belonging to the Seoul Southern Police Station B, the police officer who was sent to the roadside, was urged to return home from C, and was subject to the police officer D, who was “shot, shot, shot, killed on the street, and math who was no superior,” and prevented the front of the patrol, and was on the top of the hand.

D The head of the Gu, and the defendant opened and boarded the back of the patrol vehicle, and the above D was pushed down with the chest of the above D.

As a result, the defendant assaulted the above D and interfered with the legitimate execution of duties concerning the above D's 112 reporting processing and crime prevention.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (on-site ctv video analysis);

1. Relevant Article 136 (1) of the Criminal Act and Article 136 of the Criminal Act concerning criminal facts, the selection of fines (in the absence of such previous provisions and the reflection thereof, etc.);

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

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