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(영문) 창원지방법원 통영지원 2014.02.20 2013고정741
공무집행방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 13:00 on October 6, 2013, the Defendant: (a) heard the details of the report by the police officer D and policeman belonging to the Dongdo Police Station C zone, who was dispatched after receiving the report, and requested the above D to find a bicycle which he had previously lost; (b) intending to go to the back seat of the patrol vehicle while bringing the above E to go on the back seat of the patrol vehicle; and (c) the above E prevented it, and (d) took the chest of the patrol vehicle, and was asked by the above D and the Defendant to leave it on the back seat of the patrol vehicle, but refused it, while refusing the request by the above D and the Defendant for getting off the patrol vehicle on several occasions.

As a result, the Defendant interfered with the legitimate performance of official duties on the notification and withdrawal of the above D and E, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. A report on the investigation of the obstruction of performance of official duties;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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