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(영문) 수원지방법원 성남지원 2016.05.26 2016고정402
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 2, 2015, at around 06:45, the Defendant: (a) sent the Defendant under the influence of alcohol within the drinking house “C” located in Seongbuk-gu, Sungnam-gu, Sungnam-si; (b) Gyeongnam-gu, Seoul-gu, Police Station D District Gyeongwon-gu, Seoul-gu, Police Station D (hereinafter referred to as the “C”); (c) brought the Defendant a shoulderer E, and tried to have the victim returned to E; and (d) the Defendant was able to return home to the Defendant, but the Defendant refused to cooperate with the police by enjoying it on the drinking house floor without a fribly and without returning home.

In addition, the defendant acted as if he did not have awareness on the floor of the drinking house, and the victim contacted with 119 and moved the defendant out of the drinking house.

The Defendant assaulted the Defendant at one time out of the drinking house and the condition of the Defendant, by taking the inside side of the E, into the hands floor.

As a result, the defendant, who is a police official, interfered with legitimate performance of public duties concerning protective measures, maintenance of order and investigation affairs.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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