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(영문) 서울중앙지방법원 2018.11.28 2018고단6220
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant interfering with the performance of official duties on September 16, 2018, on the ground that he/she reported domestic violence No. 23 306 of Gangnam-gu Seoul apartment building B, Gangnam-gu, Seoul and reported domestic violence No. 23 306, and the police officer affiliated with the Gangnam Police Station C police box assigned to the site and attempted to listen to the Defendant’s statement from his/her wife, and that he/she was the police officer affiliated with the same E,

Magb Doz. Doz. Doz.

In doing a bath theory, the bat of the above D with a baton, and the bat of the bat of the said E with a left hand was shakened.

The defendant continued to use the head part of D and E one time each, and the head part of D was flickly flicked. The defendant was flickly flicked to the right part of D.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the handling of 112 reported cases.

2. The Defendant violating the Punishment of Minor Offenses Act: (a) on September 16, 2018, the Defendant was arrested as a flagrant offender for committing the crime listed in paragraph (1) at the police box located in Gangnam-gu Seoul, Seoul on September 16:40, 2018; and (b) on the ground that the Defendant was arrested as a flagrant offender for committing the crime listed in paragraph (1).

approximately 20 parts, such as " Hashes," were satisfyed.

As a result, the Defendant, while under the influence of alcohol, had a riotous or disorderly speech and behavior in a public office.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D or E;

1. Application of the Acts and subordinate statutes on video photographing CDs;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, option of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for cancellation of official duties, selection of fines) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Provisional Payment Order does not apply to the case where a police officer performing official duties assaults and interferes with the execution of his/her duties.

(b).

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