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(영문) 서울중앙지방법원 2012.12.26 2012고정5815
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. On September 1, 2012, the security guards C (50 years of age, south) and slope D (44 years of age, south) of the patrol car 11 in the Seoul District Police Station B in the obstruction of performance of official duties were sent to the scene after receiving 112 reports (238) that the taxi passengers were not under the influence of alcohol without paying taxi expenses when they arrive at the destination of the taxi on the street in front of 287-15, Seongbuk-gu, Seongbuk-gu, Seoul, Seongbuk-gu.

In the process, the Defendant: (a) obstructed the patrol vehicle to be called to the site intentionally while walking along the center of the road; (b) informed the police officer twice twice to use the horn and to turn on by broadcast the signal; (c) however, C took a bath to the effect that “this Chewing horse would be early,” and C took a measure to move the Defendant from the patrol vehicle to the side of the Defendant; and (d) took a vehicle in order to dispatch the report, the Defendant obstructed the legitimate performance of official duties by the police officer who called up to 112 reports for six minutes while driving on the vehicle at approximately 40 meters, such as preventing the police officer from driving on the vehicle, and obstructing the legitimate performance of official duties by the police officer who called up to 112 reports.

2. In the course of arresting the Defendant as an offender in the act of committing the crime of obstruction of the performance of official duties at the time and place as indicated in the foregoing Paragraph (1), the Defendant publicly insultingd the victim C and D, who is a police officer, by stating that “B shall not be deemed human beings,” “I shall see them,” “I live in, and Chewing,” “I shall see,” “I am flag,” and “I am flag’s flag,” and “I am a large amount of money, I am flag,” and “I am flag, I am.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Articles 136 (1) and 311 of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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