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(영문) 서울북부지방법원 2018.05.31 2018고단1309
공무집행방해등
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

1. No person who violates the Road Traffic Act and the Punishment of Minor Offenses Act shall carry a stick on the road under the influence of alcohol, and no person shall make another person uneasy by blocking the road, provoking a trial expense, gathering around, following it, or uttering very rough and menacing words or conducts, which are hot, without justifiable grounds;

Nevertheless, the defendant, from January 31, 2018 to 15:56 the same day from January 31, 2018, 15:46 to 15:56 on the road in Nowon-gu, Seoul Special Metropolitan City, while under the influence of alcohol, carries a stick on the road, such as standing a motor vehicle walking along the road and blocking, and he was on a D (n, 45 years of age).

E The act of blocking the path without any justifiable reason, such as blocking the front of the NAS car and stronging the windows of the driver's seat, etc., makes others uneasy.

2. At around 16:00 on the same day, the Defendant: (a) was asked to present an identification card from G in the circumstances surrounding the F District of the Seoul Nowon Police Station, which was dispatched after receiving a report of 112 on the same day; (b) the Defendant sent a bath to “I amba fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe f fe

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. The screen of a CCTV-cape;

1. Application of Acts and subordinate statutes to investigation reports (person H telephone communications);

1. Article 157 subparagraph 4 of the relevant Act and Article 157 subparagraph 1 of the Road Traffic Act (the violation of the prohibition on roads), Article 68 (3) 1 of the Punishment of Minor Offenses Act (the violation of the prohibition on roads), Article 3 (1) 19 of the Punishment of Minor Offenses Act (the creation of apprehensions), and Article 136 (1) of the Criminal Act concerning the crime (the violation of the prohibition on roads);

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 order of provisional payment;

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