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(영문) 서울동부지방법원 2016.07.15 2016고단1609

공무집행방해

Text

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

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

Reasons

Punishment of the crime

The defendant around 04:30 on May 23, 2016, on the road in Songpa-gu Seoul, and on the road in which anyone is accompanying a passenger car.

“A” refers to 112 reports and requests C to be sent to the site and ask C for a passenger car on the vice-net order; “A” refers to the head E (35) of the police station affiliated with the D District of Song-gu, Seoul:

Dan if the police is the police;

Doesever reported.

“Abrecked E’s chest by hand while brecing flag, flaged F (29 taxes) of F (29) of which grecing it, “Abreck flag is stamped” and “Abrecked F’s arms by hand,” and flag G (34 taxes) of which grecing it by hand, “Abre, flag, flag, pene.”

The examination must not be conducted by force.

“At the time of their return to H one time by drinking and drinking.”

Accordingly, the defendant interfered with police officers' legitimate execution of duties concerning the handling of 112 reported cases and the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement protocol with respect to E, F and G;

1. A written statement prepared in the I;

1. Application of Acts and subordinate statutes to a copy of the work site in the D District;

1. Relevant provisions of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts, the choice of fines for each type of crime (the nature of a crime is not weak, but the defendant reflects his/her mistake, the degree of violence is not excessive, and the defendant is an initial offender who has no record of crime).

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;