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(영문) 서울중앙지방법원 2012.09.07 2011고단3190
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

From around 00 on June 21, 201 to 21:55 on the same day, the Defendant responded to the claim for a summary judgment on the street in front of the C District located in Gwanak-gu in Seoul Special Metropolitan City as traffic obstruction and drinking disturbance, and the Defendant took a bath to the said D, stating that “a police officer, who belongs to the Seoul C District Police Station C District, 1, who is a police officer belonging to the Seoul Gwanak-gu Police Station C District, takes aboard and takes a patrol car 12, and prevents the operation of the patrol by getting out of the patrol line.”

Accordingly, the defendant interfered with legitimate performance of police officer's patrol duty.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of the statutes governing suspect photographs at the time of occurrence;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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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