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(영문) 서울북부지방법원 2018.09.13 2018고단3103

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

1. No person who violates the traffic laws on roads shall perform an act of sticking on roads under the influence of liquor;

Nevertheless, the Defendant, while under the influence of alcohol around 20:50 on June 29, 2018, performed an act of sticking to about 10 minutes on the road, such as walking around the center of the road in the front of the apartment complex, from the 66-ro 66-gil 22, Seoul Dobong-gu, Dobong-gu, Seoul, Seoul to the 350-ro 350 Chang-dong, Seo-dong, 350 Chang-dong, the main road to the front of the apartment complex.

2. The Defendant who obstructed the performance of official duties shall listen to the warning that he would be free from the circumstances D belonging to the C District of the C District, sent out after receiving a report from 112 on the apartment road in front of the apartment complex 4, Chang-dong, Chang-dong, Seoul, and that he would be free from the notice that he would be free from the notice.

“To perform the bath theory,” the above D’s reciting body was fleeped, and the balth of d’s balthm was shaking.

계속하여 피고 인은 위와 같은 경위로 공무집행 방해죄로 현행범인 체포되어 같은 날 21:30 경 서울 도봉구 E ‘C 지구대’ 앞까지 이동한 다음, 순찰차에서 하차하면서 C 지구대 소속 경위 F의 정강이를 발로 2회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation (the details of 112 declarations are attached);

1. Subparagraph 4 of Article 157 of the Road Traffic Act and Article 68 (3) 1 of the same Act (the act of sticking on a road under the influence of alcohol) concerning facts constituting an offense, and Article 136 (1) of the Criminal Act (the act of obstructing the performance of public duties);

1. Articles 40 and 50 of the Criminal Act, and the choice of fines, respectively, shall be applicable to ordinary concurrences, and the choice of fines;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the amount of a fine is aggregated) shall be aggravated for concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.