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(영문) 서울중앙지방법원 2013.03.14 2013고정174
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On November 24, 2012, the Defendant, at around 01:55 on November 24, 2012, the Defendant, under the influence of alcohol, abused the victim D(52 years of age) who is a police assigned for special guard around the Seocho-gu Seoul Seocho-gu Bus Terminal C box, and threatened the victim with a large amount of householdbeds in the margin of external operation, and threatened the victim with the victim’s chest at least five times in drinking.

2. Performance of official duties;

가. 피고인은 위 일시, 장소에 출동한 순경 E가 옆에 떨어져 있던 가위를 들어 보이며 “이거 어디서 났어요”라고 물어보자, 갑자기 기분이 나빴는지 주먹으로 순경 E의 얼굴과 어깨를 수회 때려 경찰관의 정당한 공무집행을 방해하였다.

B. On November 24, 2012, around 04:20, the Defendant was arrested on suspicion of obstruction of performance of official duties, etc., and took in the Seocho-gu Seoul Seocho-gu F District to move in, avoided the disturbance, and obstructed the legitimate performance of official duties by the police officer, by providing support to the Defendant at the time of handling the case by handling the case, and managing the Defendant’s new illness. However, the document preparation was completed and the Defendant’s transfer of the Defendant to the police station, using the crebbbs that cut the lock to the right bucks of slope G one time, thereby interfering with the Defendant’s legitimate performance of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, D, and G;

1. A H statement;

1. Application of statutes, such as photographs on damage;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of each fine for the crime;

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

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