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(영문) 서울서부지방법원 2018.03.29 2017고단3824
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On November 11, 2017, the Defendant violated the Punishment of Minor Offenses Act: (a) around 23:00, the Defendant rejected D (hereinafter “D”)’s refusal to engage in alcohol without any justifiable reason while under the influence of alcohol on the front of “C Schlage” located in Eunpyeong-gu Seoul, Seoul. (b) and (c) the Defendant continued to “B”.

Accordingly, the defendant makes others uneasy or annoyed or offended by blocking the way, provoking a view, gathering around, following, or uttering very rough and menacing words or conducts, without any justifiable reason.

2. The Defendant obstructed the performance of official duties, at the same date and time as indicated in the above paragraph 1, and at the same place as indicated in the above paragraph, committed assault by the Defendant, on the following grounds: (a) F of the police box affiliated with the Pyeongtaek Police Station E box; (b) the Defendant’s request for the presentation of an identification card was confirmed; (c) the Defendant’s refusal to arrest the Defendant as a current offender of the crime of violating the Punishment of Minor Offenses Act; (d) the buckbucks bucks buck in hand; and (e) the buckbucks bucks bucks bucked by the said G bucks bucks bucks 2 and bucks 2.

Accordingly, the defendant interfered with the police officer's 112 reporting process and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Each police statement made in relation to G or D;

1. A written statement;

1. Taking photographs of damage situations, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 136 of the Criminal Act, Article 136 of the Criminal Act (the point of obstructing the performance of official duties), Article 3 (1) 19 of the Punishment of Minor Offenses Act (the point of creating uneasiness), and Article 3 (1) of the Punishment of Minor Offenses Act, the selection of fines for each crime;

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 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) of the Provisional Payment Order

However, considering the statements of the victim, the police officer, and the witness, the defendant is the defendant.

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