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(영문) 서울동부지방법원 2019.05.30 2019고단96
공무집행방해
Text

Defendant shall be punished by a fine of 6 million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. At around 08:03 on December 17, 2018, the Defendant: “On the front of the Cridge located in Gangdong-gu Seoul Metropolitan Government, the Defendant: “Around 08:03, the Defendant: (a) was informed of the circumstances belonging to the D District of the Seoul Gangseo Police Station D; (b) the Defendant sent out after receiving 112 a report; (c) the Defendant was prevented from carrying a woman from E; (d) the police officer, F, G, and the horse H; and (e) the Defendant was prevented from carrying a woman, and “packing him.” (b) he was sent to him; (c) he she was sent to him; (d) he did so; (d) he did so; and (e) he she was sent to the police; and (e) he she was flicked with the chest and the upper half of G with his fingers and her fingers.”

Accordingly, the defendant interfered with the execution of official duties by assaulting police officers who perform legitimate duties concerning the handling of 112 reported cases, prevention and suppression of crimes, and protection of victims.

2. At around 09:40 on December 17, 2018, the Defendant was arrested and detained in flagrant offenders under suspicion of obstruction of performance of official duties, such as the above paragraph (1), at the Seoul Gangnam Police Station and office located within the Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, Seoul, and when obtaining identification from the police station I affiliated with the Seoul Gangseo-dong Police Station I, the Defendant threatened the J by stating that “The Defendant was in danger of harm to the J, i.e., e., g., Chewing typ, four criminal ought to be taken, bred, flad, flad, flad, flad, flad, flad, flad, flad, flad, flad, flad, flad, flad, flad

Accordingly, the defendant interfered with the execution of official duties by threatening police officers who perform legitimate duties in relation to the investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to G, J and E

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

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is unfavorable.

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