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(영문) 서울서부지방법원 2019.01.25 2018고단3634
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On August 10, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Military Service Act at the Seoul Western District Court on August 10, 2018 and the judgment became final and conclusive on August 18, 2018.

On July 28, 2018, at around 04:50, the Defendant was under the influence of alcohol on the Yongsan-gu Seoul, Yongsan-gu, Seoul. On July 28, 2018, the Defendant 112 reported and sent to the 112 report and took a bath to D police officers belonging to the Seoul Yongsan Police Station C commander of the Seoul Yongsan Police Station, who brought the Defendant to the police box and took a bath, and when D took the Defendant into the police box in order to take protective measures, she saw D’s head back to the back of her head on one hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous convictions indicated in judgment: Criminal records, US records and results confirmation reports, and the application of Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act concerning facts constituting an offense. Article 136 (1) of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) 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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