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(영문) 서울서부지방법원 2018.12.06 2018고단2955

공무집행방해

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 7, 2018, at around 04:05, the Defendant: (a) reported on July 7, 2018 that he was a person on the street in front of “B” in Yongsan-gu Seoul, who was under influence of alcohol in Yongsan-gu Seoul; and (b) was sent to the Seoul Yongsan Police Station D’s police box, and was urged by E to return home from the left hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

2. ‘D 파출소’ 의 공무집행 방해 피고인은 같은 날 04:14 경 서울 용산구 F에 있는 D 파출소에 제 1 항과 같은 이유로 현행 범인으로 체포되어 온 후 순찰차에서 내리지 않아 같은 파출소 소속 순경 G으로부터 순찰차에서 내리라는 요구를 받자 오른발로 위 G의 오른쪽 이마를 1회 걷어차고, 같은 날 04:35 경 위 파출소에서 갑자기 아픈 것처럼 소리를 질러 피고인의 건강상태를 확인하려고 위 G이 다가오자, 왼발로 G의 오른쪽 무릎을 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of Acts and subordinate statutes to a criminal investigation report (at the time of dispatch of a police officer to the scene, the investigation of evidence pictures, and the confirmation of video images related to obstructing the suspect'

1. Relevant provisions of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts, the choice of punishment, and the selection of fines (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006)

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

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;