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(영문) 서울북부지방법원 2016.11.02 2016고단3471
공무집행방해등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act;

(a) Pedestrians shall always pass along the sidewalk on the road which is divided into sidewalk and roadway;

Nevertheless, at around 23:40 on August 17, 2016, the Defendant passed along the roadway by walking along the central line in front of the three-distance from an Ansan High School in Dongdaemun-gu, Dongdaemun-gu, Seoul.

(b) Pedestrians shall always pass along sidewalks on the roads which are divided into sidewalks and roadways;

Nevertheless, at around 00:30 on August 18, 2016, the Defendant, along with the police officers dispatched to the site at the above paragraph (a) above, passed to the roadway by the method of galking the vehicle from among the police officers going to India.

2. On August 18, 2016, the Defendant: (a) around 00:30 on August 18, 2016, 2016, the victim E police officer, etc. under his control, such as the victim D, who was a police officer belonging to the Seoul Eastdong Police Station C District, called “any person passing along the road,” traveling along the roadway as stated in the above paragraph (1) on the front of the C-ro of the Seoul Dongdaemun-gu Seoul Dongdaemun High School.

However, the defendant tried not to stop a taxi that goes into his roadways, and tried to stop under the taxi, and the victims prevented the defendant, and thereby interfered with the legitimate execution of duties of police officials in relation to the handling of reporting and the maintenance of public order and security by spreading the parts of the victims E in several times due to the failure of the victims to stop on the floor.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Application of the Act and subordinate statutes to the investigation report (as to the hearing of statements by shots);

1. Relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, Article 157 subparagraph 1 of the Road Traffic Act, Article 8 (1) of the Road Traffic Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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