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(영문) 서울동부지방법원 2016.04.28 2015고단1400
공무집행방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 4, 2015, the Defendant: (a) around 05:05, at the Seoul Songpa-gu Police Station C District in Songpa-gu, Songpa-gu, Seoul, and (b) in order to conduct a trial on the Defendant’s false report, the police officer D, who belongs to the said District, expressed his/her desire to engage in a trial on the Defendant’s false report; and (c) walking once the line of the said police officer on the ground that he/she walked with the Defendant, and obstructed the police officer’s legitimate performance of his/her duties on the prevention, suppression and investigation of the crime, public safety and order maintenance.

Summary of Evidence

1. Statement made by the police against D;

1. Investigation report (verification of CD images);

1. Application of Acts and subordinate statutes concerning the place of work for the C terrestrial substitute;

1. Relevant Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts, the choice of fines (including the fact that the degree of interference with the performance of official duties is not minor, and that the defendant has a criminal record of two million won as a result of an injury on 2014, in addition to the fact that

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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