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(영문) 서울서부지방법원 2015.02.03 2014고단3658
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

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

Reasons

Punishment of the crime

1. At around 08:20 on December 1, 2014, the Defendant interfered with the performance of official duties, the Defendant: (a) at the front of the subway station 92-0-ro 1, Mapo-gu, Seoul, Mapo-gu 1, 12, the subway line 6, the subway line digital media market; (b) obstructed a police officer’s legitimate performance of duties regarding the handling of a police officer’s report of this case by taking advantage of patrol cars, getting off the Defendant to deliver, and return back to his house after receiving a 112 report that a police officer was seated on the road at the construction site.

2. From around 08:40 on December 1, 2014, the Defendant violated the Punishment of Minor Offenses Act: (a) was arrested as a flagrant offender by committing a crime listed in the preceding port at a police box at the Mapo-gu Seoul Mapo Police Station B police station located in Mapo-gu, Seoul; and (b) was under the influence of alcohol, the Defendant expressed a large voice that “I see, e.g., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of investigation reports (criminal offenses, words and behavior in the atmosphere, public trial of the Seoul Western District Public Prosecutor's Office, and transfer of soldiers), investigation reports (this refers to the analysis of CCTV images) (this refers to investigation by CCTV systems);

1. Relevant Article 136 (1) of the Criminal Act and Article 3 (3) 1 of the Punishment of Minor Offenses Act, the option of punishment for a crime, and the option of punishment;

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

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order [the scope of recommendation] is the basic area of obstruction of the performance of official duties (in the case of obstruction of the performance of official duties/performance of official duties).

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