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(영문) 서울중앙지방법원 2015.01.30 2014고단8949
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On July 29, 2014, at around 04:25, the Defendant: (a) was arrested at the police station located in Ansan-ro 373, Annsan-ro, Sinsan-ro, a member of the National Police Station located in Ansan-ro, and was transferred to the above police station criminal charge by the Defendant; (b) the police officer in charge of criminal service who confirmed that the Defendant was sent a fine through his family around 07:30 on the same day, by reporting the defense in a suspect's waiting room and taking a bath to the police officer; (c) but (d) the police officer in charge did not go home to the Defendant while taking a bath to the employees on criminal duty in the criminal and office.

On the same day, around 07:35, a police officer of the above police station and a slope C, a police officer of the B team, must return to the defendant to the defendant at the entrance fee of the above police station, and the defendant interfered with the legitimate execution of duties of the police officer in relation to the duties of the criminal party.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Record 24, 46 pages);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing performance of official duties and the choice of fines);

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

1. The sentencing ground of Article 334(1) of the Criminal Procedure Act for the provisional payment order is against the defendant, considering the degree of damage of this case, and the fact that the defendant has no criminal records of the same kind. It is so decided as per Disposition for the above reasons.

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