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(영문) 서울서부지방법원 2014.07.08 2013고정2894
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 23:10 on August 11, 2013, the Defendant continued to stop the patrol vehicle on the body of Mapo-gu Seoul, followed the body of the driver, and interfere with the police officer’s duty of interfering with the police officer’s duty of patrol, such as continuing patrol, while exercising tangible force, by exercising force, such as getting off the front of the patrol vehicle (No. 24), which was driven by G, on the street before Mapo-gu Seoul, Seoul, the Mapo-gu Police Station Edistrict, and by having F, “I am on the runway, because the patrol vehicle is an emergency vehicle that takes a robbery or strong incident, and is called “I am on the runway,” but the Defendant continued to stop the patrol vehicle on the face of the driver’s body, and interfered with the police officer’s duty of interfering with the police officer’s duty of patrol, such as continuing patrol.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of the Acts and subordinate statutes concerning video recording of black boxes;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The Defendant and the defense counsel’s argument regarding the assertion of the Defendant and the defense counsel under Articles 70 and 69(2) of the Criminal Act, arguing that the Defendant’s patrol is merely an act that is acceptable by social norms under Article 20 of the Criminal Act, since the Defendant’s access to the play patrol vehicle and offered a stop for about 30 seconds.

However, in light of the circumstances at the time recognized by the above evidence and the defendant's act, in particular, the police officers boarding the patrol vehicle at the time were called for the defendant, and explained that the defendant was in need of support as it was an urgent vehicle, and the above patrol vehicle was driven at a speed of 13 km per hour, it can be deemed that the defendant's act is an act that is reasonable to be permitted by social norms or that it does not contravene social norms.

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