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(영문) 서울서부지방법원 2018.05.02 2018고정156
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant had a good appraisal in the state of being in civil litigation as the victim did not refund the security deposit even though the contract period has expired while his/her form was kept in the house of the victim B.

1. Around May 28, 2017, the Defendant, under the influence of alcohol on May 28, 2017, was fluencing the victim, who was in the front of KB National Bank in Seodaemun-gu Seoul, Seodaemun-gu 301-2.

The Defendant had a good appraisal that the victim was aware of, and thereby publicly insultd the victim by speaking as “Cyp years, Red Easterns with the knowledge of the whole years, I would like to know about Dypland years, and bad years” to the victim.

2. The Defendant interfered with the performance of official duties by a police officer, who was dispatched to the site upon receipt of a report of 112 at the date, time and place specified in paragraph (1), thereby obstructing the police officer’s legitimate performance of official duties, such as: (a) the police officer, who was dispatched to the site upon receipt of a report of 112, putting himself/herself out; and (b) the police officer, who saw him/her out of the site, embling him/her

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement protocol against B and C;

1. A criminal investigation report (Attachment of a witness's statement related to a suspicion of insult), a criminal investigation report (Attachment of a witness's statement related to a suspicion of obstructing the performance of official duties), a criminal investigation report (Attachment of a witness's statement attached to a police officer's statement attached to the site), a criminal investigation report (Hearing of a police officer's statement by a police officer in

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of images taken by an on-site police officer);

1. Relevant Article 311 of the Criminal Act, Articles 136 (1) and 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of two crimes) shall be aggravated for concurrent crimes;

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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