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(영문) 서울중앙지방법원 2018.07.13 2018고단2632
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 06, 2017, the Defendant obstructed the performance of official duties, at the main point of “C” located in Seocho-gu Seoul Metropolitan Government, on December 06, 2017, and reported 112, “B,” and called “B,” and called “B,” the Defendant obstructed the Defendant’s shoulder by hand while taking a bath against the police officer E and F, who belongs to the police box of the Seocho Police Station, and was requested to verify personal information from F.

Then, while taking a bath to police officers E who refrain from doing so, they committed assault, such as making once a drinking part of his neck, spathing a bat, spathing a bat, etc., and interfered with the legitimate execution of duties by police officers with regard to the handling of report 112.

2. The Defendant, at around 01:40 on December 06, 2017, insulting the Defendant: (a) at the D police box located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, protested against the arrest of police officers; and (b) among the Defendant’s behaviors, etc., the Victim E and the Victim H, who is a police officer, was raising “sring, sring, sring, growing up;

The victims of about 30 minutes were openly insultingd by crheat, "the governance brheat", and crhosome brhing by a large sound.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police victims against E or F;

1. Each complaint;

1. Application of investigation reports (related to moving-in video materials submitted by police officers), investigation reports (related to the statement of police officers at the time when the offense of insult is involved);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of insult);

1. Selection of each alternative fine for punishment;

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the accused, on January 30, 2004, was punished by a fine of KRW 700,000; (b) the accused, on October 23, 2008, was sentenced to imprisonment for a crime of interference with the performance of official duties or injury on October 23, 2008; or (c) the accused, on three occasions due to a non-exclusive license or drinking driving.

However, the defendant reflects the crime of this case.

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