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(영문) 서울서부지방법원 2015.01.20 2014고정1916
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. At around 14:40 on May 25, 201, the Defendant obstructed the performance of official duties by assaulting a public official on the following grounds: (a) on the ground that the border B was working around the Seocheon-dong, Seocheon-gu, Seoul, Seocheon-gu, 278 Sincheon-dong, for the prevention of accidents against unauthorized crossing B, on the ground that it appears that the border B works for the prevention of accidents against unauthorized crossing; and (b) on the face with the hand floor.

2. On May 25, 201, at around 16:59, the Defendant: (a) received an investigation from the superintendent of the Seodaemun Police Station C office located in Seodaemun-gu Seoul Metropolitan Government to be suspected of obstructing the performance of official duties; (b) completed the investigation as if he/she was his/her friendly E; and (c) submitted the said E’s signature to the statement column of the Defendant’s newspaper protocol without authority and affixed the Defendant’s hand-book on his/her name; and (d) submitted the Defendant’s newspaper protocol whose private signature was forged at the seat to the said D as if he/she was duly formed.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Reporting on a specific investigation of the suspect with personal information appearance;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 239(1) of the Criminal Act, Article 239(2) and Article 239(1) of the Criminal Act, and Article 239(1) of the Criminal Act, and the selection of fines (the statutory penalty for the crime of forging a private signature and the crime of uttering of a private signature at the time of the market is prescribed only by imprisonment. However, in this case where a formal trial is requested only by the defendant, the punishment of imprisonment with prison labor heavier than the original summary order is not to be imposed, and thus

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

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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