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(영문) 서울중앙지방법원 2017.05.18 2017고단1831
공무집행방해등
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

1. The Defendant violated the Punishment of Minor Offenses Act from March 1, 2017 to 01:40, at the new police box located in Gangnam-gu Seoul, Gangnam-gu, Seoul, whether the police officers in the place where he was drunked “(s) off his head, emb off his head, was inside the house, and was inside the house;

C. C.S. T.S. A. T. T. T. T. T. T. T. T. T. T. T. T. T. T. T. H. T. T. T. T. T. T. T. B. T. T. T. T. T. T. T. T. T. T. T. T. T. T. B. H. T. T. T. T. T. T. T. T. T. T. T. T. T.

2. Around 04:40 on March 1, 2017, the Defendant obstructed the performance of official duties, at the Gangnam-gu Seoul Gangnam Police Station located in Gangnam-gu Seoul, Gangnam-gu, Seoul, for instance, arrested flagrant offenders in violation of the Punishment of Minor Offenses Act, and transferred them to the Gangnam Police Station in Gangnam-gu, Seoul, and later released the police station, and re-enters the police station, and scams the face of the above B by putting the scam to the police officers belonging to the above police station, and scams the face of the above B at his hand, and interfere with the legitimate performance of duties of police officers in relation to the prevention, suppression, and investigation of the crime by taking the arms of the above C in his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of each police statement protocol to B and C

1. Article 3 (3) 1 of the Punishment of Minor Offenses Act (a point of disturbance for revocation in the official document) and Article 136 (1) of the Criminal Act (a point of interference with the performance of official duties) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of fines for two crimes) shall be aggravated for concurrent crimes;

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

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is not good, it is not good that the crime is shown in the act of revocation and the contents of interference with the performance of official duties. However, active violence is committed against police officers.

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