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(영문) 서울서부지방법원 2018.07.06 2018고단625
공무집행방해
Text

Defendants shall be punished by fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. On January 12, 2018, at around 00:15, the Defendant: (a) smoked with the Defendant’s daily drinking house located in Eunpyeong-gu Seoul Metropolitan Government with the Defendant’s drinking house B; (b) was frighted with the Defendant’s drinking house business proprietor E, and the Defendant was reported and sent to the said drinking house business proprietor E; and (c) the Defendant was arrested by the Defendant as a obstruction of the performance of official duties by a policeman who was dispatched to the F District Team in Seocho-gu Seoul Western Police Station, Seoul, which was called up with the Defendant upon receiving a report of 112, that the Defendant would not smoke in the drinking house.

Upon notification, the police officer's 112 report handling was obstructed by drawing up the He's lusium and pushing ahead.

2. Defendant B continued to block the above G from continuing to arrest the said G on suspicion of interference with the performance of official duties at the time, place, and place described in paragraph (1), and obstructed the police officer’s legitimate performance of duties concerning the arrest of flagrant offenders, such as not taking the said G’s hand and arms, and not taking any profits or losses.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes of E and I;

1. Defendants: Article 136(1) of the Criminal Act; Articles 136(1) and 136(2) of the Criminal Act; and

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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