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(영문) 서울서부지방법원 2019.09.26 2019고단2037
공무집행방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 11, 2019, at around 00:25, the Defendant: (a) driven the patrol car of No. 4 subway line No. 5 in subway line No. 112, the subway line No. 5 in Yongsan-gu, Yongsan-gu, Seoul, and reported a separate traffic accident No. 112; (b) while driving the patrol car No. 62 as three-lanes among the four-lanes of the Seoul Yongsan Police Station, the Defendant: (c) under the influence of alcohol, was under the influence of alcohol to prevent the operation of the patrol car; (d) prevented the operation of the patrol car, and (e) prevented the operation of the patrol car by putting the front and the 3-lanes of the subway line No. 112; and (e) continuously harming the traffic accident-related persons, and (e) assaulting the face part of the said patrol box No. 4 and the face part of the said patrol box No. 112.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic accident management.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

1. Each internal investigation report or investigation report (in relation to the attachment of moving pictures by a suspect to a street boom, in relation to the damage situation of D by a victimized police officer during the on-site visit police officer, in relation to the video image of a situation in which the suspect obstructed the front of the patrol police officer, in relation to the witness E's telephone statement by the witness E, legal application of the witness F's telephone statement);

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

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

1. Selection of an alternative fine for punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are as follows, and other conditions of sentencing specified in the oral argument of this case shall be determined as ordered in consideration of the following circumstances.

The degree of interference is not easy, and the circumstances that are favorable to the fact that criminal power can be divided into several times: The crime is committed while the separation power has been somewhat lowered, the fact that the damaged police officers want to turn on the ship, the fact that there is no same power, and the above power is fine.

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