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(영문) 서울동부지방법원 2016.01.07 2015고단2378

공무집행방해

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

around 00:40 on August 3, 2015, the Defendant: (a) left the beer and frighter around the D convenience stores located in Seongdong-gu Seoul Metropolitan Government; (b) on the 112 report of nearby residents, the Defendant continued to resist and request the Defendant to return home, and the Defendant imposed a penalty due to disturbance of drinking, etc., upon the Defendant, by continuously avoiding disturbance, even though the police funds belonging to the Sungdong Police Station E District of Seoul Sungdong Police Station called the beer, etc.; (c) upon the Defendant, the Defendant spits it on the chest of the F while protesting against the imposition of the penalty. Accordingly, the Defendant abused F and obstructed the police’s prevention, investigation and suppression of crimes, public peace and order, and interfered with legitimate execution of duties.

Summary of Evidence

1. Each legal statement of witness F and G in part;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Application of the video CD reproduction Act;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Penalty of one million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse (100,000 won per day);

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Act on the Punishment of Violences, etc.) (Article 59(1) of the same Act (Article 59(1) of the same Act concerning the content of the crime in this case, the degree of violence, and the details of the crime, as seen below, appears to have committed any contingent crime in the situation where the defendant was somewhat showing a certain amount of his/her illegal mobile phone photographing by the police, a relatively small amount of fine may be sentenced to criminal conviction; however, the portion of acquittal, other than the

1. On August 3, 2015, the Defendant: (a) around 00:40 on August 3, 2015, at around D convenience stores in Seongdong-gu Seoul Metropolitan Government; (b) on the 112 report of nearby residents, he/she was slick with his/her will return home by the police F, etc. belonging to the Sungdong Police Station E District of Seoul Sungdong Police Station.