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(영문) 서울서부지방법원 2016.04.27 2015고단2952
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 October 12, 2015, the Defendant: (a) around 15:00, at the center of the blood center of the D Hospital located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 15:0, the Defendant argued about the issue of discharge of the wife E and his/her dependants; (b) the Defendant, a security guard personnel of the above hospital, requested the Victim F to “h to interfere with the hospital business, such as where other patients are suffering from uneasy, continuing to enter the civil petition, etc.”; (c) but, upon receiving a request from the said hospital F, the Defendant engaged in an act of disturbing the Defendant for about one hour, such as “I ambling her [I am her [I her [I am her], you her [I am her.

Accordingly, the defendant interfered with the management of the victim's hospital by force.

2. On October 12, 2015, at around 17:00, the Defendant obstructed the performance of official duties, sent back from the blood center at the heart of the D Hospital in Seodaemun-gu Seoul, Seoul to the wife E at the expense of the first floor. Upon receiving a report related to the business obstruction under the above paragraph (1), the Defendant was subject to control from the Defendant H (41 years old) with a slope victim H (41 years old), who was dispatched to the site after receiving a report related to the business obstruction under the above paragraph (1), and was in his hand pushed the chest of the said police officer, and laid down the two arms of the said police officer.

As a result, the defendant assaulted police officers, thereby hindering police officers from performing their legitimate official duties on handling 112 reports.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Legal statement of the witness H;

1. Statement made by the police with regard to F;

1. Application of a written request for issuance of the 112-reported processing statement, processing specifications, and CCTV-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314(1) of the Criminal Act (the point of obstructing the performance of official duties) and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334, Paragraph 1, Article 334 of the Criminal Procedure Act to the order of provisional payment prevents a wife who had been in the course of divorce from leaving his/her dependent, and thus, tried to find out his/her wife as a hospital at the scheduled date of the operation of his/her dependent and continued to be rejected by the wife.

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