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(영문) 서울남부지방법원 2012.08.06 2012고정329
업무방해등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On November 18, 2011, a person, other than slope D, working in the Geumcheon-gu Seoul Geumcheon Police Station C District, reported on the protective measures that a person under the influence of alcohol sits down at the front side of Geumcheon-gu Seoul Metropolitan Government (F) and was dispatched to the above site at around 10:10.

The Defendant was driving the patrol vehicle after getting the Defendant on the back seat of the patrol vehicle No. 44 in order to stop the front and obstruct the passage of the vehicles passing at the above time and at the above place, and to stop one other, who arrived at the scene, and stop him from doing so, and to stop him/her from any special damage.

However, the Defendant, within the patrol car, expressed his desire to “Il the Heath police walk,” and obstructed the police officer’s legitimate performance of official duties by taking one time the back head of the slope D who drives a drinking patrol vehicle on one occasion.

2. At around 19:55 on December 15, 201, the Defendant obstructed the victim’s bus operation by avoiding a disturbance of about 10 minutes for the following reasons: (a) around 19:55, the Defendant: (b) at the bus No. H504 operated in Geumcheon-gu, Geumcheon-gu, Seoul, for the purpose of opening a cash receipt for bus charges from the bus No. H504 operated in Geumcheon-gu, Geumcheon-gu, Seoul; (c) obstructed the passengers’ getting on and off the bus; and (d) said, “I am back to the company, she will return to the company, she will return to the company,” thereby obstructing the victim’s bus operation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of fines) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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