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(영문) 서울서부지방법원 2013.05.08 2013고정75
공무집행방해등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On June 27, 2012, the Defendant interfered with the performance of official duties on the ground that, at the parking lot of the Seoul Mapo-gu Seoul Mapo-gu Seoul Western District Court, the Defendant: (a) after a judgment on the transfer of the name of the divorced wife and the vehicle, the Defendant prevented the Defendant from leaving his house with D and the former E, his/her father, his/her his/her his/her his/her father, who was called out after having received D’s report that the Defendant prevented him/her from leaving his/her house with D, etc.; and (b) on the ground that the police officers F of the Mapo-gu Police Station, who was called out, prevented the Defendant from leaving his/her house due to D, etc., he/she kept his/her breast part of the above F on his/her hand, and collected his/her hand inside the patrol window that a police officer G belonging to the same global area as the above F, thereby hindering the police officers from operating the patrol car for 1

2. In a case where 20 to 30 citizens, such as H, who served as public service personnel of the Seoul Western District Prosecutors’ Office on the same date, time, place, and for the same reason, the Defendant publicly insultingd the victim G, who is a police officer belonging to the Mapo Police Office, with the larger sound called “Empt, kin, kins, and chrone” to the victim G, a police officer belonging to the Mapo Police Office.

Summary of Evidence

1. Legal statement of witness F and G;

1. Application of H’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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

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