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(영문) 서울동부지방법원 2017.01.19 2016고단1930

공무집행방해등

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

around 03:20 on May 2, 2016, the Defendant was in front of the Gangdong-gu Seoul Metropolitan Government C Building, and the Defendant was in front of the D UA house.

“A” was observed by the victim F in the circumstances belonging to the Gangnam Police Station E District of the Gangseo-gu Police Station, and the C Building Manager H and the 4 to 5 persons, who are recommended to return home from the Gyeong-gu Police Station G, who was dispatched to the site after receiving a report 112, and the above F was called “Appppppppppppppppppppppppppppppppp

A police officer's legitimate performance of duties concerning the handling of report by openly insulting the victim by speaking in a large voice called 1. The victim's secret and assaulting the F continuously towards the above F, leading to the 112 drinking, thereby interfering with the police officer's legitimate performance of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the law of the police statement protocol to F;

1. Article 136(1) and Article 311 of the Criminal Act (the point of obstructing the performance of official duties) and the selection of each fine concerning the facts constituting an offense;

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 57 of the Criminal Act including the number of days of detention in prison;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.