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(영문) 서울동부지방법원 2018.03.29 2017고단3377
공무집행방해
Text

1. Defendant A shall be punished by a fine of two million won;

Defendant

If A does not pay the above fine, 100,000.

Reasons

On July 22, 2017, the Defendant, at around 03:33, the main point of “F” located in Gwangjin-gu Seoul Special Metropolitan City E and the first floor, is “F,” and the Defendant, who is a criminal defendant, continues to drink without drinking at the main point of alcohol.

“A” in order to obtain a request for returning home from the police officer H and policeman belonging to the Seoul Magjin Police Station G G District, who was called out upon receipt of a report, “I ambling, embling, embling, embling, and embling.”

“Along with the need to present an identification card”, “a threat was made, such as threatening I to present an identification card by hand.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of a witness I;

1. Each police statement made to I and H;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure Act on the order of provisional payment has been to threaten a police officer in the process of performing official duties, and such interference with the execution of official duties needs to be strict.

The defendant appears to have some circumstances to consider the circumstances leading to the crime, and confession and reflects the crime, and the degree of intimidation is relatively minor.

In consideration of these factors, the same type as the order shall be determined.

Part of Innocence (Defendant B)

1. On July 22, 2017, at around 03:33, the Defendant: (a) was arrested by the Defendant at the center of “F” located in Gwangjin-gu Seoul Special Metropolitan City E and the first floor; (b) the Defendant was arrested by the Defendant from the Defendant to the current offender who interfered with the performance of official duties by the Defendant from the Police Station G District of the Gwangjin-gu Seoul Special Police Station G District; and (c) the Defendant was arrested by the Defendant as the cell phone with the Defendant’s cell phone, which was cited on his hand; and (d) the Defendant was arrested by the Defendant as the current offender who interfered with the performance of official duties by the police officer H in the Gyeong-gu, Seoul Special Metropolitan City.

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