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(영문) 춘천지방법원 속초지원 2019.02.13 2018고단176
공무집행방해
Text

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

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

Reasons

Punishment of the crime

【Criminal Power】 On March 26, 2018, the Defendant was sentenced to two years of suspension of execution on April 3, 2018, by imprisonment with prison labor for violating the Punishment of Violences, etc. Act (joint intimidation) at the early branch of the Chuncheon District Court, and the judgment became final and conclusive on April 3, 2018.

【Around January 1, 2018, when the Defendant was arrested as a flagrant offender on suspicion of insult and was transferred to the Gangwon-gu Police Station D District Unit of the Gangwon-gu Police Station D District in the Seocho-si, Seocho-si, Seoul, the Defendant found the said D District Office as the above D District Office and had an obstacle to the Defendant’s duties, such as “I are under the influence of alcohol, and the case is not too likely to be said,” and “I do not comply with the request of the police officer in charge of the said D District.” The Defendant did not comply with the request of the said D District.

At around 00:55 on January 2, 2018, the Defendant continued to put B B to the patrol team at around 00:2:20,000, the following: (a) was attached to the front parking lot in front of the said D District Police Station; and (b) did not turn off the police officer “at the time of withdrawal of the patrol, he she saw off only Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga. Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga.” The Defendant was forced the Defendant to turn off the Defendant again because he was at the risk of shocking the Defendant while carrying out the patrol; (b) the Defendant failed to comply with it; and (c) the Defendant demanded the police officer to go off at the post of the patrol while taking the Defendant’s arms; and (d) the Defendant was able to stroke the Ethn by assaulting him with his left hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the transfer of a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation of E;

1. Application of CCTV-faging statutes;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.

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