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(영문) 서울서부지방법원 2017.09.08 2017고단1657

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On March 25, 2017, while under the influence of alcohol around 00:50 on March 25, 2017, the Defendant was under a traffic accident that contacted with a motor vehicle near the 21-lane Hong-ro, Mapo-gu, Seoul, and was accompanied by the Defendant at that time.

C reported to 112, police officers, such as the chief police officer E of the Mapo Police Station affiliated with the Seoul Mapo Police Station, were dispatched to the site.

The defendant moved to Seoul Mapo Police Station to a traffic inspector, and was investigated into the above traffic accident, upon the request of the police officers in mobilization, the defendant was on the back seat of the F police patrol vehicle on which the above police officers were on board with C and moved.

At around 01:10 on the same day, the Defendant stopped on a road near Mapo-gu Seoul Mapo-gu G, and the police officers sent to the Seoul Mapo-gu Police Station were not allowed to move to the said patrol vehicle. Thus, the Defendant requested the police officers to move from the patrol vehicle to the Seoul Mapo-gu Police Station, and made it difficult for the police officers to take a lawsuit, and the police officers sent to the police. Accordingly, the police officer E was forced the Defendant to get off the patrol vehicle.

Defendant 1 was recommended by the above C to be “to move to a police station on the patrol vehicle and undergo an investigation,” and followed by assaulting the left side of the horse E one time by hand while receiving an explanation of the investigation process from the horse E.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order and crime control.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (verification of personal video data);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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 was erroneous, the degree of violence was minor, and the judgment of the situation was not properly determined after the accident occurred in the course of her initial contact.