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(영문) 서울중앙지방법원 2018.07.12 2018고단3278
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 13, 2018, around 19:45, the Defendant, in front of the Jongno-gu Seoul Jongno-ro 266 Seoul, sought to enter the building to the Dongdaemun General Market for the use of toilets. However, the Defendant was asked from security guards to “the use of toilets in the neighboring subway station because it is time for access control.”

In the vicinity of the patrol, D, who was in the police patrol, demanded that “Security Guards get off the building and get out of it.” The above D, “I would like to get out of it and get out of it a guide that “I would use the toilets of the Eastern Station near the night, I would like to control the access at this night,” and “I would see all the police booms of the Republic of Korea in his hand when I am out of it, I would like to open the police shoulder by hand, and would interfere with the police officer’s performance of duties concerning the police patrol by taking out electricity installed on the left shoulder.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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