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(영문) 수원지방법원 2015.09.17 2015고단3087
공무집행방해
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 29, 2015, at around 03:00, the Defendant continued to 112, when boarding a bicycle on the front side of the building in Yasan City, the Defendant: (a) stated that the police officer security guards belonging to the Yadong Police Station B police box of the Yadong Police Station called “I will write a person”; and (b) stated that “I will not turn on the emergency, etc. on the front of the patrol vehicle; (c) I stop on the front of the said patrol vehicle on the ground that D and the slope E, who was called as “I will ignore a person, because I will write it later;” and (d) stated that “I will tell the person.”

Accordingly, the aforementioned E refers to “a continuous disturbance may be punished as a crime of obstruction of performance of official duties if the police officer continues to resist and interfere with the police officer’s duties, and from now to now, the mobile phone operator will start shooting with the mobile phone operator, and the Defendant, to this end, displayed drinking in E, and revised this part of the facts charged ex officio to the extent that it does not interfere with the Defendant’s right to defense, to the extent that it does not interfere with the Defendant’s right to defense.”

Then, by hand, E's mobile phone devices were cut off to the floor.

As a result, the defendant interfered with legitimate execution of duties by police officials concerning 112 reporting duties.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to E by the police;

1. A written statement;

1. Photographs of the defendant who assaults a police officer;

1. Application of the Acts and subordinate statutes governing mobile video CDs attached to the investigation report;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. It shall be selected by a fine in consideration of the nature and degree of assaulting selective fines, the degree of interference with the execution of official duties, and the fact that the person committed the instant crime without being aware of it during the suspension period of execution due to violent crimes, and the fact that the person committed the instant crime from the victimized police officer.

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