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(영문) 수원지방법원 2015.01.14 2014고단4951
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On August 14, 2014, from around 16:10 to 16:30 the same day, the Defendant: (a) reported to the effect that “any person is under the influence of alcohol in a restaurant” in the D restaurant located in the e-mail C; and (b) taken away from the e-mail police station E-district of the Seongdong Police Station E-gu, the Defendant: (c) was able to see and walk out to make the Defendant invalid; and (d) without any justifiable reason, she was able to see “Is e-beh to come to the e-beh of the e-beh; (c) was f of the e-beh of the e-beh; and (d) brought about the e-beh of the e-beh of the e-beh; and (d) continued to e-beh the e-beh of the e-beh of the e-beh.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public order.

2. On August 14, 2014, from around 18:25 to 22:00 the same day, the Defendant arrested a flagrant offender for the same reason as the above paragraph (1) and transferred the same to the criminal team of the Sungdong Police Station located in 398-3, Busan, sisung-si, and brought about five police officers belonging to the above criminal team, such as police officer I, and the civil petitioner J, K, L, etc., for about three hours under the influence of alcohol, while under the investigation.

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Written statements;

1. The circumstantial statement of the offender;

1. Application of the Acts and subordinate statutes to photographs taken on the upper part of the body;

1. Relevant Article of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbance of revocation), and the choice of fines, respectively;

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. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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