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(영문) 서울북부지방법원 2013.12.09 2013고정2729
공무집행방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 29, 2013: (a) around 23:15, the Defendant reported the disturbance of alcohol in the Dongdaemun-gu Seoul 98-34, Dongdaemun-gu, Seoul, to avoid the disturbance of alcohol; (b) and (c) the 112 patrol employees dispatched to the 112 patrol group to stop the disturbance of alcohol and encourage them to return home.

The Defendant opened a front door of patrol vehicle No. 24, which was trying to carry out 112 patrols outside of the said business place by going to go to the house, and obstructed the legitimate performance of official duties by police officers for about 30 minutes, such as getting off his seat and blocking the progress of the patrol vehicle. The Defendant obstructed the proper performance of official duties by police officers for about 30 minutes, by holding the front door of the patrol vehicle, in order to prevent him from closing the front door of the patrol vehicle in his body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim to C by the police;

1. Application of Acts and subordinate statutes to the investigation report (case of the situation at the same site);

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 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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