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(영문) 의정부지방법원 2015.01.16 2014고단3894
공무집행방해등
Text

A defendant shall be punished by imprisonment for three months and a fine for 200,000 won.

However, the above imprisonment for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Road Traffic Act shall be allowed to sit or standing on a road in such a manner as to obstruct the traffic;

Nevertheless, on October 12, 2014, from around 01:02 to 01:05, the Defendant was in a way that both arms are set up in the six-lane road adjacent to the shot apartment of the Namyang-si, Namyang-si, the Namyang-si, the Namyang-si, the Namyang-si, and the two arms were set up in the way that they walk up the two-lanes and walk up the three-lanes on the road.

2. On October 12, 2014, at the same place as indicated in paragraph (1), the Defendant: (a) sought to disclose his/her personal information after being expelled from C in the circumstances belonging to the Namyang Police Station B District, which was called out after being reported by 112, at the same time as indicated in paragraph (1) at the same time as indicated in paragraph (1); (b) sought to disclose his/her personal information; (c) in refusal of such demand, 2-3 smugglings and bodies of the said C’s left side, bucks and parts of the D’s left side, bucks and parts of the bucks and parts of the bucks and parts of the bucks, respectively.

Accordingly, the defendant interfered with the legitimate execution of official duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C, D, and E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant provisions of Article 136 (1) of the Criminal Act concerning facts constituting an offense (the point of obstructing performance of official duties), Article 157 subparagraph 4 of the Road Traffic Act, and Article 68 (3) 2 of the Road Traffic Act (the point of violation on the road);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the public prosecutor appears to have instituted a public prosecution for concurrent crimes, but each crime of obstruction of performance of official duties shall be recognized as concurrent crimes);

1. Selection of imprisonment with prison labor for the crime of obstruction of performance of official duties, and selection of fines for the crime of violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 and 3 of the Criminal Act;

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

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.

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