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(영문) 서울동부지방법원 2014.12.19 2014고단3229
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. At around 02:40 on July 6, 2014, the Defendant: (a) obstructed the disturbance, such as when a truck is parked in the front place of the Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu with a length of about 1m Aluminium, and sent to the scene after receiving 112 reports; and (b) took a bath at the seat of the Seoul Mine Police Station D District E and F, etc., who conducted an on-site investigation; and (c) took a look at the site, he f, etc. of E’s chest on one occasion, and franks the body of the E at one hand, and continuously pushed the Defendant as a flagrant offender committing the crime of obstruction of performance of official duties, and assaulted the E’s chest to take three times with a f’s arms, which the Defendant attempted to arrest the Defendant on one hand, and then intending to take one more patrol at the seat of 112.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

2. On July 6, 2014, at around 03:15, the Defendant violated the Punishment of Minor Offenses Act: (a) was arrested and transferred in flagrant offender for the criminal facts set forth in paragraph (1) at the Seoul Mine Police Station D District located in Gwangjin-gu Seoul Special Metropolitan City on July 6, 2014; and (b) was drunk, the Defendant was unable to avoid a disturbance for about 30 minutes, such as bitching the bitch of bitch chron, strue, and ra stale.

Accordingly, the defendant, while under the influence of alcohol, led to very rough words and actions by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. A statement prepared by H;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act and subparagraph 1 of Article 3 of the Punishment of Minor Offenses Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Determination of imprisonment with prison labor and a fine for a violation of the Punishment of Minor Offenses Act with respect to the crime of obstructing the performance of official duties;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The order of provisional payment;

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