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(영문) 서울동부지방법원 2015.01.27 2014고단3918
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On December 13, 2014, around 17:30 on December 13, 2014, the Defendant: (a) was under influence of alcohol on the front side of the Songpa-gu Seoul Olympic Winter, Songpa-gu, Seoul Olympic Winter, 435 (Sacheon-dong), and “It seems that there is a danger that many people want to get a bicycle,” upon receiving 112 report, requested C to take the post to the police box belonging to the Seoul Songpa-gu Police Station B, who was called up, but was rejected, followed the Defendant by taking a bath to the said C.

The Defendant continued to assault the Defendant’s warning from the above C, “I am arrested for the crime of obstruction of performance of official duties,” at his hand, at one time, on the floor of the above C.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant provisions of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts and the choice of punishment (see, e.g., the choice of a fine, the minor degree of violence, the agreement with police officers C, and the violation of the instant crime against a person who has no record of violence at all);

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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