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(영문) 서울북부지방법원 2013.07.25 2012고정3337
공무집행방해
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

around 17:20 on October 12, 2012, the Defendant was aware of the fact against G, a police officer of the Seoul Nowon-gu Seoul Nowon-gu Police Station, where 1.54 million won was in arrears, while driving the Ethroman car in front of the D High School located in Seoul Special Metropolitan City, Nowon-gu, without wearing a safety belt.

As a result, G made the Defendant stop the car in order to check the driver's limit, the driver's limit, the driver's limit, the driver's limit, the driver's limit, and the driver's license, etc., and notified the violation and demanded the presentation of the license.

After getting down from the above car, the Defendant expressed a view that he was able to take a serious bath, such as “I would grow, grow, and how I would be ageed, and how I would have died of fule,” and expressed the attitude that I would be able to take the face of G in drinking, and threatened G, such as continuing to receive G as head.

Accordingly, the defendant interfered with legitimate execution of duties concerning traffic control by police officers and patrol for crime prevention.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness G's legal statement, witness H and I's respective legal statements;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The defendant's defense counsel's assertion of the defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the defendant did not commit an act to the extent of obstruction of performance of official duties before the defendant was arrested and notified by G of the offense of insult.

In the crime of obstruction of the performance of official duties, the term "Intimidation" means an act of notifying harm and injury for the purpose of causing fear to the other party. The details of harm and injury notified are circumstances, surrounding circumstances at the time of such act, the offender's tendency, and the degree of friendship with the other party, status, etc.

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