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(영문) 수원지방법원 성남지원 2015.05.20 2015고단498
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 26, 2014, around 05:30 on July 26, 2014, the Defendant participated in a fighting between men and women on the street in front of the windowping point located in Seongbuk-si, Sungnam-si, by reporting the fighting in front of the windowping point. However, while the Defendant participated in the fighting between men and women on the street, the Defendant threatened the women with the simpled salted fish, which was the employee of the above windowping point, and threatened with the simped fish, at one time.

1. Around July 26, 2014, when there exist several persons, such as the above F, etc. on the street front of the above subdivision, the Defendant openly insulting the victim H, who is a police officer belonging to the Sungnam Police Station G police box called “this ring, police rings, rings, spacks, spacks, spons, spons, spons, and spons,” who was dispatched to the scene after receiving a report 112 on July 26, 2014, and obstructed the police officer’s legitimate performance of duties concerning the arrest of a flagrant offender.

2. Around 06:20 on July 26, 2014, the Defendant: (a) was arrested in the act of assault against the said F and was on board the first half-way patrol force; (b) while having been under the custody of the said F and the said police box, the Defendant publicly insulting the victim H by stating to the effect that the said victim “a person who is well aware of the opening, selling, and going to the police force,” is “a person who is well aware of the inside and outside the police force.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and K;

1. Application of statutes on photographs of damage;

1. Relevant Article 136(1) of the Criminal Act and Article 311 of the Criminal Act concerning the crime: Selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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