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(영문) 서울중앙지방법원 2015.02.10 2014고단9893

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Minor Offenses Act at around 01:20 on November 27, 2014, and reported the loss of a mobile phone while under the influence of alcohol, and the Defendant was able to avoid a disturbance under the influence of alcohol for about 1 hour and 20 minutes, such as “I am spher, sphere, sphere, sphere, sphere, sphere, sphere, sphere, sphere, sphere, sphere, sphere, sphere,” while taking a bath to the effect that “I am sphere, sphere, offsphere, sphere, sphere, sphere, sphere.”

Accordingly, the defendant, while drunk, flaged by very rough words and actions at a police box, which is a public office.

2. On November 27, 2014, the Defendant, at the above police box around 02:30 on the 27th day of the performance of official duties, avoided the legitimate performance of duties by a police officer on duty in the Republic of Korea, following the following: (a) the police officer, who was a police officer belonging to the above police box, recommended the Defendant to return home to the Defendant; (b) the police officer, was walking along the above D’s right bridge; (c) the police officer, who was a police officer assigned to the above police box, took an attitude that she would be in the process of stopping him/her; and (d) the police officer, who was in charge of performing his/her duties, took three times away from the left bridge of the above E; and (d) continued to stop his/her control by carrying the f’s chest on his/her hand; and (e) the police officer, who was in charge of performing his/

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of D, E, and F;

1. Application of the Acts and subordinate statutes on screen pictures;

1. Article 136 (1) of the Criminal Act; Article 3 (3) 1 of the Punishment of Minor Offenses Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Optional fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;