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(영문) 서울남부지방법원 2015.08.19 2015고단1978
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 10, 2015, the defendant, around 22:15, had a bus engineer E and a dispute with the vehicle path problems in Yangcheon-gu Seoul Metropolitan Government D Apartment 1214.

When the Defendant was requested to take a alcohol test on the ground that she was smelled while having been asked by G during the patrol at the above place, while the Defendant and E during the patrol, during the duty, he was in the police station G located in the Seoul Yangcheon Police Station, the Defendant obstructed the lawful execution of duties by assaulting the police officer’s order on the maintenance of order by stating that “I dice while drinking, but not driving. The stick among the public is said to be such a sense, ever, she is in the inside, she is said to be she,” and making three times the parts of the above G’s table on the hand floor, she was flicked on the floor, and she was flick up to the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A statement prepared by H;

1. Photographs of damaged parts;

1. Investigation report;

1. Application of Acts and subordinate statutes to a report on investigation of bus officers;

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

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act on the detention of the workhouses is that the Defendant’s degree of obstruction of the performance of official duties in this case is not easy, and it is doubtful whether the Defendant is divided by a petition, although the Defendant acknowledges a crime.

Defendant has been punished several times due to drinking driving, violence, etc. in the past.

However, in consideration of the fact that the defendant's mistake is recognized, the defendant does not have the same criminal record, the defendant has no other criminal record than the suspension of execution, and the punishment of a fine for drinking driving has been determined separately, it shall be determined as per the order.

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