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(영문) 서울서부지방법원 2016.09.02 2016고단1754
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. On June 5, 2016, at the front of Yongsan-gu Seoul Metropolitan Government, the Defendant: (a) was arrested by a police officer who was dispatched after receiving a report of 112 that the Defendant was working for the Defendant, and was arrested as a flagrant offender; (b) was on the front of Yongsan-gu Seoul, Yongsan-gu; and (c) took patrols along with the said police officer and moved to the zone D of the Seoul Yongsan Police Station; and (d) was assaulted one time by taking advantage of the face part of the police officer E who was seated in the front of the said police station.

Accordingly, the defendant interfered with the proper execution of duties concerning the maintenance of police officers' order and crime control.

2. Around 03:20 on June 5, 2016, the Defendant, who violated the Punishment of Minor Offenses Act, was under the influence of alcohol, such as holding a seat in the atmosphere at the Seoul Yongsan Police Station Criminal Police Station and the office of Yongsan-gu Seoul, Yongsan-ro 89-ro 24, Yongsan-gu, Seoul, and taking a large bath for “Simp, Imp, Imp, Imp,” and let a rioted or slicked a very rough horse at the Seoul Yongsan Police Station, a government office.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the internal booms images of the patrol car and to the visual images of the Seoul Yongsan Police Station;

1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act (the points of obstruction of performance of official duties), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the points of disturbance for revocation at the government offices), and the selection of fines for each crime (the first crime, serious reflectivity, etc.);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the amounts);

1. Articles 70 (1) 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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