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(영문) 서울서부지방법원 2015.05.13 2015고단664

공무집행방해

Text

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

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

Reasons

Punishment of the crime

Around 00:40 on February 28, 2015, the Defendant was able to sleep under the influence of alcohol in the non-economic region of Eunpyeong-gu Seoul Metropolitan Government No. 2, and the Defendant reported that he was the subject of alcohol at 112, and the police assistant, a police officer belonging to the Eunpyeong Police Station C District of Eunpyeong-gu Seoul, Seoul (the age of 42), and E (the age of 46) was replaced by the patrol vehicle to take protective measures against the Defendant, and the Defendant was moved to the Eunpyeong-gu Seoul, the Defendant’s dwelling.

At this time, the defendant is on board the back seat of the patrol vehicle, "I am on the back head of D, I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am... I am. I am., I am. I am. I am. I am. I am. I am. I am. I am., I am. I am. I am. I am. I am..

Accordingly, the defendant assaulted police officers and obstructed police officers' legitimate performance of their official duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and D;

1. A report on investigation (Attachment of patrol booms and photographs);

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of an alternative fine for punishment;

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

1. Considering the fact that the sentencing of Article 334(1) of the Criminal Procedure Act is a ground contingent crime, and there is no result of injury to the victimized police officers, and the defendant is the primary offender.