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(영문) 춘천지방법원 2014.06.17 2014고단132
공무집행방해
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On January 9, 2014, at around 07:50, the Defendant, while walking along the 155-lanes in Gangnam-gu, Seoul, Seoul, along the two-lanes, while drunkly walking along the two-lanes of the three-lanes, sent the police box affiliated with the police officer of the Seoul Gangnam-gu Police Station C commander of the Seoul Gangseo-gu Police Station that found it, “A vehicle passes along the vehicle................... is dangerous?” On one occasion, the Defendant sawd the patrol vehicle on one occasion, and followed from the patrol vehicle at the above patrol vehicle, “A........., I want to die.......” Does off the floor of the vehicle, which was under the bath theory, and took the face of the victim, and took the face of the victim once a week.

Accordingly, the defendant assaulted D and interfered with the legitimate execution of duties concerning the protection of life and body of D.

2. 피고인은 2014. 5. 8. 00:30경 춘천시 E에 있는 F 주점에서 소란을 피운다는 이유로 신고를 받고 현장에 출동한 정복착용 경찰관 G(춘천경찰서 H지구대 소속 경사)이 귀가를 종용하자 욕설을 하며 도로상에 있던 안전꼬깔(rubber cone)을 집어 들어 순찰차를 향해 던지고, 도로상에 있던 벽돌을 집어 들어 G을 향해 던지려고 하는 등 G의 신변에 어떠한 위해를 가할 듯한 태도를 보여 협박하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention of crimes and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of Acts and subordinate statutes of the I Statement;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment stipulated for the obstruction of performance of official duties on May 8, 2014), among concurrent crimes;

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

1. The defendant with reasons for sentencing under Article 334(1) of the Criminal Procedure Act, such as assault, bodily injury, interference with business, and damage to property, on several occasions.

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