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(영문) 서울남부지방법원 2018.06.28 2018고단2076
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 10 million.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On October 27, 2016, the Defendant was sentenced to six months of imprisonment for a crime of obstructing the performance of official duties in Seoul Southern District Court, and on February 14, 2017, the Seoul Southern Southern District Court completed the execution of the sentence.

On April 28, 2018, at around 23:40, the Defendant: (a) was drunkly in front of the “C” drinking house located in Gangseo-gu Seoul Metropolitan Government, and was reported by 112, and was asked E to return home from the slope E belonging to the Seoul Police Station D District Unit F, Gangseo-gu Seoul, which was called, the Defendant sent a bath to E, and (b) was tightly pushed off the E’s shoulder part by hand.

The Defendant continued to move the victim F (38 Does) to the 112 reported dispatch order, and opened the patrol car driver's seat in order to move to the above 112 reported scene, and followed the victim's patrol car door in hand, closed the door of the above vehicle, resulting in the victim's failure to stop the car door, and caused the victim's damage to the car door, which requires approximately 2 weeks of medical treatment.

As a result, the defendant interfered with legitimate execution of duties of police officers, prevention, suppression, and investigation of crimes, and at the same time injured the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each statement of G and H;

1. A voice recording file CD;

1. The victim’s influor photo, written opinion, 1. Investigation report (to hear the victim’s E-mail statement), investigation report (to hear the victim’s F phone statement), investigation report (to hear the victim’s F phone statement), investigation report (to hear the victim’s h phone statement), slope E phone statement re-to hear, and sway F phone statement re-to hear;

1. Previous conviction: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on personal expropriation;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Article 40 of the Criminal Act for the ordinary concurrence and the choice of punishment.

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