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(영문) 서울서부지방법원 2018.09.12 2018고단2532
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On April 29, 2018, around 06:35, at the entrance of the Mapo-gu Seoul Mapo-gu Seoul, the Defendant expressed a desire to pedago at the 100-day Memorial Hall entrance, and obstructed the Defendant’s lawful performance of duties concerning the report by police officers and treatment of flagrant offenders and arrest, who were dispatched to the site after receiving a report of 112 while avoiding any disturbance. D’s face to restrain the Defendant. Accordingly, D was arrested as a flagrant offender under suspicion of obstructing the Defendant’s performance of official duties and arrested the Defendant at least three times, and obstructed the Defendant’s performance of duties regarding D’s 112 reports by police officers and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (the investigation of personal phone pictures and patrol images);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a fine for selective punishment (to reflect his/her mistake in depth, to be a student, to deposit KRW 700,000 to a damaged police officer to make efforts to recover damage, taking into account the circumstances, such as the fact that he/she seems to have continued to meet the situation at the time of the instant case);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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