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(영문) 서울동부지방법원 2018.05.04 2018고단208

공무집행방해

Text

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

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

Reasons

Criminal facts

On November 1, 2017, around D convenience stores located in Songpa-gu Seoul Metropolitan Government on November 201, 2017, the Defendant: (a) around D convenience stores; (b) reported by the Defendant to request the Defendant to invalid home; and (c) on November 1, 2017, the Defendant: (a) was about to look back the Defendant under the influence of alcohol; (b) the Defendant, a police officer affiliated with the Seoul Song-gu Police Station E commander of the Seoul Song-gu Police Station; (c) the Defendant was able to capture the Defendant under the influence of alcohol, and (d) the Defendant was able to look back to his house; and (d) whether the Defendant was frighted, frighted

‘The face of F is taken one time as a drinking, and the blus and drinking blus and drinking blus and the fluss of the above G was assaulted twice by having the chest of the above G.

Around 21:35 on the same day, the above F and G were under the influence of alcohol, and the mother of the Defendant was in the front of the Defendant’s house located in the Songpa-gu Seoul Metropolitan Government H2 level, and the mother of the Defendant was in the front of the Defendant’s house. The mother of the Defendant changed to the second floor inside the main gate, leading the Defendant to the main gate by cutting the Defendant into the main gate, and the Defendant was flicking the back of the said F on one occasion by walking the back of the said F on one hand, and flick the chest of the said G by hand.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning the protection of people's physical property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A written statement prepared by I, J, and K;

1. An optician;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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 person who has committed a crime with heavier punishment than that of a crime)

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case on the ground of the sentencing of Article 334(1) of the Criminal Procedure Act does not mean that two police officers interfere with the performance of their official duties by exercising violence. However, the Defendant’s mistake is in profoundly against the Defendant’s perception of the crime of this case.