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(영문) 서울중앙지방법원 2017.03.16 2017고단370

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 31, 2016, the Defendant sent a traffic accident to a person who drives alcohol at the front of Gangnam-gu Seoul, Seoul around 05:35.

” 는 112 신고를 받고 정복 차림으로 현장에 출동한 서울 강남경찰서 C 파출소 소속 경사 D, 경장 E이 인적 사항을 밝힐 것을 요구하자 D과 E에게 “ 야, 시 발, 미친년, 니들 다 좆됐어.

“In doing so, D’s left top of the upper part of D, walking the upper part of D once, hing the left part of E once in his hand, and hing the left part of E once in his hand, and hinging the left part of the buckbucking part once in his beam.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the 112 reporting processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the F and G respective Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment imposed on a police officer E with heavier punishment than punishment)

1. Selection of an alternative fine for punishment;

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;