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(영문) 서울서부지방법원 2018.10.02 2018고단2541
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On April 19, 2018, the Defendant interfered with the performance of official duties, at around 21:40 on the street in Yongsan-gu Seoul, Yongsan-gu, Seoul, refused a request from the Defendant for returning home to the Defendant by a slope G belonging to the Seoul Yongsan Police Station F District G and the police officer H, who called to the site after receiving a report from 112, before the street of the E located in Yongsan-gu, Yongsan-gu, Seoul. In addition, the Defendant is a public official working at the post office.

In mind, G was put with Dora, Dol L, L, L, L, L, L, L, L, and L, again put the left arms of G into hand, put the body of G twice in hand, and took a video of the Defendant’s behavior with a portable telephone.

In order to catch, G, and H with the outer booms of H, the police officers boomed the bridge of the police officers assigned to the above booms, and interfered with the legitimate execution of their duties concerning the handling of 112 reports.

2. On April 19, 2018, the Defendant: (a) arrested a flagrant offender on the same facts as indicated in paragraph (1) around 21:45; (b) thereby impairing the utility of goods used by public offices by putting the antenna for telecommunication in his/her hand, which was set up in the Fdistrict located in Yongsan-gu Seoul, Yongsan-gu, Seoul at around 22:20 on the same day; and (c) putting the antenna for telecommunication in his/her seat, which was being set up in the Fdistrict, in his/her seat.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. Written Statement;

1. A report on internal investigation (in the event of CCTV investigation), a report on internal investigation (the verification of the damage to the antenna for communications with F earth), a report on internal investigation (the verification of screen pictures taken by police officers dispatched to the scene), and a report on investigation (the antenna photograph for communications);

1. Application of the Acts and subordinate statutes governing screen pictures and CDs to police officers dispatched to the scene;

1. Selection of each fine for a crime by taking into account the circumstances favorable to the defendant among the reasons for sentencing under Articles 136 (1) (the point of obstructing the performance of official duties), 141 (1) (the point of damaging goods for public use) of the Criminal Act, and the following provisions of the Criminal Act:

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. Attraction of a workhouse;

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