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(영문) 서울중앙지방법원 2015.04.02 2015고단681
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. At around 00:40 on September 16, 2014, the Defendant engaged in obstruction of performance of official duties: (a) while carrying out a dispute with the security personnel of the pertinent building requiring the Defendant to leave the stairs of the building located in Yongsan-gu, Yongsan-gu; (b) while having sealed the neck and body of the security personnel; (c) upon receiving a report, the police officer E and patrolmen, a police officer belonging to the Gyeonggi-do Police Station called the Gyeonggi-do Police Station, who was called out upon the receipt of the report, expressed a defective desire to arrest the Defendant as a flagrant offender; (d) booming the ethth’s flath face; (e) booming the eth’s left face with his hand; and (e) assaulting the F’s bridge to go beyond the direction, thereby obstructing the police officer’s legitimate performance of duties concerning the arrest

2. Around 01:00 on September 16, 2014, the Defendant: (a) was arrested as a flagrant offender and was transferred to the H district unit located in Ansan-gu G in Goyang-gu, Manyang-si on the following grounds: (b) the Defendant expressed the victim E and F with a large voice among many people, such as security personnel, etc. under the foregoing paragraph (1) of the same Article, i.e., the victim E and F., the bit of a bitch bit of a bitch bit of a bitch.”

Accordingly, the defendant insultd the victims openly.

3. On September 16, 2014, the Defendant violated the Punishment of Minor Offenses Act, while under the influence of alcohol around 01:0, and continued to insult E and F as referred to in the foregoing 2., from around 03:00 to around 03:00, the Defendant committed an act of disturbance for revocation at a government office by making a large voice towards police officers located in the said H District, and engaging in an act of disturbance for revocation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning I, J, E, and F;

1. Application of each statute on filing of a complaint;

1. Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties), Article 311 of the Criminal Act, and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of obstructing performance of official duties at government offices) concerning the crime;

1. Articles 40 and 50 of the Criminal Act for each of the crimes of obstruction of performance of official duties, and each of the crimes of insult;

1. In addition to the fact that each of the selective fines for punishment was under the extensive influence of choosing the sentence, the same criminal record is different from that of a fine twice in 2001; and

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