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(영문) 서울서부지방법원 2018.11.14 2017고단1633
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than five months and a fine not exceeding three hundred thousand won.

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

Reasons

Punishment of the crime

1. The Defendant interfered with the performance of official duties on March 31, 2017, at the front of Yongsan-gu Seoul, Yongsan-gu, Seoul, and at the front of Yongsan-gu, Seoul, the Defendant reported on 112 that “A person in charge of the main operation shall move to the scene and received a request for identification by the slope D belonging to the Seoul Yongsan-gu Police Station C police box, which was called to the site, for identification by hand, carried out several clothes of the said D, and carried out two chests of the said D’s chest.

On April 1, 2017, when the defendant was immediately arrested by police officers as flagrant offenders, and was transferred to the office of the Seoul Yongsan Police Station located 89-ro, Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, Seoul, the defendant kept safe guard of the defendant, and was faced with the police officer E, etc. of the above police station who kept safe guard of the defendant.

Accordingly, the defendant interfered with the police officers' legitimate execution of duties concerning the crackdown on crimes and the safe guard of the body.

2. The Defendant, as stated in paragraph 1 of the Punishment of Minor Offenses Act, was arrested as a flagrant offender by a police officer on suspicion that he committed a crime obstructing the performance of official duties in the front of Yongsan-gu Seoul Metropolitan Government, and moved to a police box located in Yongsan-gu Seoul Metropolitan Government F.

피고인은 2017. 3. 31. 23:40 경부터 2017. 4. 1. 00:10 경까지 위 C 파출소에서 술에 취한 채로 큰 소리로 ‘ 뻑 킹’, 스투피드‘, ’ 와이‘, ’ 유 다이‘, ’ 덴 져 ‘라고 반복하여 말하였다.

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against D;

1. G statements;

1. A written statement of the main officer;

1. Application of Acts and subordinate statutes to report on investigation (Hearing of oral statements by patrolmen);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, option of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for cancellation of official duties, selection of fines) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the Criminal Act, which shall be aggravated for concurrent crimes.

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