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(영문) 서울동부지방법원 2016.11.15 2015고정980
공무집행방해
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Victims C(65 years of age) shall be public officials of Grade-V of local fixed-time public officials working for the promotion of health of the D-Gu public health clinic and the anti-smoking control center.

On April 20, 2015, at around 19:40, the Defendant reported the appearance of smoking in the non-smoking area in front of the exit No. 3 of the E Station No. 19:40, and the victim discovered the victim, and subsequently the Defendant was smoking in the non-smoking area, so the subject of the fine for negligence was required to present his identification card. However, without showing his identification card, the Defendant assaulted him by means of using a son and son and make who used for the victim, and intending to see the victim’s face.

Accordingly, the defendant interferes with the legitimate duty of the victim of the Songpa-gu Office's non-smoking control.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports ( telephone communications by the personnel team of the DNA office);

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

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

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