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(영문) 서울중앙지방법원 2015.04.30 2015고단313
공무집행방해
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Defendant shall be punished by a fine of three million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 21, 2014, around the second floor 202 entrance of the building D located in Gangnam-gu Seoul Metropolitan Government, the Defendant: (a) sought to verify the content of the report to the Defendant at the site of F, a police officer belonging to the Seoul Gangnam Police Station E zone, called “Isss, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, and Is, Is, Iss, Is, Is, Is, am tights, and Is, Is, Is, Iss, Is, Is, Is, am on the second floor of the building D located in Gangnam-gu, in order

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F and G;

1. The written confirmation and notification of arrest or detention;

1. Application of Acts and subordinate statutes concerning video images for the obstruction of performance;

1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. Whether the execution of official duties under Article 334 (1) of the Criminal Procedure Act is legitimate

1. In order to restrain the police officers from entering the place of residence at will while making a resistance to the police officers who had arbitrarily entered the place of residence, the Defendant was pushed away with the police officers in this process, and the police officers faced with noses. Nevertheless, the Defendant’s act of forceing the Defendant, who is a young female, was illegal, and thus, the Defendant’s act of forceing the police officers to resist is a passive resistance, and thus, it does not violate social rules.

2. Determination

A. According to the evidence duly admitted and examined by this Court, the following facts can be acknowledged.

① Police officers F and G, who rapidly called to the site of this case upon receiving a report to the effect that “diversous sound and women’s secret view flives flives flives flives flives flive to the building before the above flives flives flives flive.”

② After that, F and G found the Defendant’s friendship in front of 202.

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