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(영문) 수원지방법원 성남지원 2017.11.09 2017고단2411
공무집행방해등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 22, 2017, the Defendant violated the Punishment of Minor Offenses Act: (a) around 02:06, the D Public Security Center located in Seongbuk-gu, Sungnam-si, Sungnam-si, was placed on a chair, without any justifiable reason, at the D Public Security Center; (b) was placed in the influence of alcohol; (c) was placed in the Gyeonggi-do Police Station E, who was affiliated with the Gyeonggi-si Police Station, and was able to call for the Defendant to return to the Republic of Korea; and (d) was placed on the floor of the said Public Security Center for about 15 minutes, such as lying it on the floor of the Public Security Center.

2. On June 22, 2017, the Defendant: (a) arrested a flagrant offender under suspicion of the same content as that of the foregoing paragraph (1) on June 22, 2017; (b) moved to a district of a branch police station G located in G in G in G in G in G in Gyeonggi-nam-si; and (c) around 02:35 on the same day, the Defendant she was in charge of maintaining order in the said district; and (d) she was in the process of maintaining order at the place where he was in line with H, who was in charge of maintaining order.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the prevention of escape and maintenance of order of the suspect.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Statement made by the police with H;

1. A written statement of the main officer;

1. Application of Acts and subordinate statutes on site photographs and CCTV photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbing the revocation in the official document), and the choice of fines (the fact that the accused is against himself, the extent of violence obstructing the performance of official duties is relatively minor, and the fact that there is no criminal record other than once a fine).

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

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