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(영문) 서울서부지방법원 2018.08.17 2018고정509
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On January 5, 2017, at around 01:50, the Defendant: (a) sent a taxi engineer and a franch to B on the ground of alcohol rate; (b) sent the said franch to B; (c) refused the police officer’s request for returning home even after having left the earth, and continuously avoided the brucing and disturbance of the police officer, and (d) had the police officer’s request for returning home to the police officer after having left the earth, and (e) had the police officer’s desire to take the franch with smartphone in order to collect evidence of suspicion of disturbance for the government office’s revocation of the franch with smartphone.

Accordingly, the defendant interfered with the legitimate execution of duties by police officials on the collection of evidence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

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

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