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(영문) 서울중앙지방법원 2017.11.16 2017고단6497

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 25, 2017, at around 23:20 on August 25, 2017, the Defendant: (a) immediately after having been reported by the police officer affiliated with the Seoul Coast Guard D (SP) Police Station D (SP) who was called out after having received 112 a report that a prisoner was divingd in India at India near Seocho-gu Seoul, Seoul, the Defendant sent home, prevented the police officer from opening the aforementioned E and East police officer F, patrol car aboard G and its rear door; and (b) at the place where the players are in motion, the Defendant expressed his desire to the said police officer, such as “this rings, sludge, rings, and Chewing f, f, G, who was urged to stop and return home.”

“To the above F, with the floor of hand, the chest of the above G, and to the above F, with which it was removed,” she shall also be deemed to have been removed.

Chewing gushes gushes

“Absoning F’s chests in hand, and assaulted F’s chests by hand.”

At around 23:40 on the same day, the Defendant continued to arrest a flagrant offender under suspicion of interference with the performance of official duties and insult, and attempted to smoke out of the police box located in the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, thereby preventing the Defendant from smoking out of the police box. As such, the Defendant saw, “I draw out of drum, so you should do so,” and shicked the chest of the above E one time with the hand floor.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of police officers, prevention of crimes, suppression and investigation, and insultd police officers as patent victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F;

1. Each written statement of E and G preparation;

1. Investigation report (as to actions to be taken into custody after the person is suspected);

1. Application of the Acts and subordinate statutes governing CCTV images within the police box;

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

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.