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(영문) 서울중앙지방법원 2013.11.18 2013고정5549

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

1. 공무집행방해 피고인은 음주한 상태로 2012. 12. 14. 19:41경부터 19:45경까지 B역 3층 전철 대합실 게이트 앞에서 공익근무요원인 C(남, 22세)에게 “야 내가 너 말을 들어야 돼 ”라고 소리지르며 오른발로 C의 왼쪽 무릎을 1회 차고 오른손으로 멱살을 잡아 당겨 게이트 왼쪽으로 끌고가 벽으로 밀친 후 다시 왼쪽 무릎을 3회 찼다.

As a result, the defendant interfered with legitimate duties such as passenger guidance and maintenance of order of public interest service personnel for about four minutes.

2. On December 14, 2012, from around 19:47 to 19:50, the Defendant violated the Railroad Safety Act: (a) sought to see the complaint against the place under the said paragraph (1) from D (Nam, 30 years of age) which is the cause of the service; (b) “I am out of the cryp of the cryp, the cryp of the cryp, the cryp of the cryp of the cryp, the cryp of the cryp, the cryp of the cryp of the cryp of the left hand; and (c) assaulted

Accordingly, the defendant interfered with legitimate duties such as passenger guidance of the service personnel for about three minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of the CCTV video CD-related Acts and subordinate statutes to the crime scene;

1. Relevant Articles 136(1) and 136(1) of the Criminal Act, Articles 78(1) and 49(2) of the Railroad Safety Act and the selection of fines for criminal facts;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;