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(영문) 서울동부지방법원 2013.05.31 2013고정1000
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. Performance of official duties or injury;

A. On February 16, 2013, at around 17:35, the Defendant: (a) 112, the police officer of the Mine Police Station Cdistrict, who was dispatched after receiving a report of 112 that the Defendant interfered with the drinking business in front of the Gwangjin-gu B cafeteria, was on the back seat of the patrol vehicle to return home to the Defendant under the influence of alcohol; and (b) asked the police officer of the Mine Police Station C Zone C District for his/her own interest to look at his/her home and take a bath for him/her; (c) put him/her to drinking to E, who belongs to the Gwanjin Police Station C District; and (d) placed him/her on the right hand of the said D; and (d) interfered with the legitimate performance of duties of the police officer on the measures to return home to the police officer; and (d) placed the victim’s right hand, etc. on the day of treatment.

B. On February 16, 2013, at around 20:05, the Defendant assaulted the police officer’s legitimate performance of duties concerning police officer’s investigation duties by having the phone call at his/her criminal and office located in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin Police Station’s 254-32, on the ground that he/she had a phone call at his/her seat during the investigation.

2. The defendant who damages goods for public use shall be subject to paragraph 1(b);

항과 같은 일시, 장소에서 위와 같이 소란을 피우며 형사과 사무실 내에 설치되어 있는 공용물건인 파티션을 발로 차 움푹 패이게 함으로써 손상시켜 그 효용을 해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. The application of the Acts and subordinate statutes concerning arrest of flagrant offenders and investigation report;

1. Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties), Article 257 (1) of the Criminal Act (the point of injury) and Article 141 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 (Mutual Crimes of Obstruction of Performance of Official Duties against D and E and of Bodily Injury) of the Criminal Code of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;

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