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(영문) 서울중앙지방법원 2018.03.08 2017고단9132
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On December 7, 2017, around 02:05, the Defendant obstructed the performance of official duties by taking a bath to a woman who had been fightingd with a couple under the influence of alcohol before Dongjak-gu Seoul Metropolitan Government, thereby causing a female’s husband and a vision.

After the 112 report, the police officers belonging to the Seoul Police Station D District Police Station was removed from E, and the E was tightly pushed off the E's chest by hand, and turned over the floor.

Accordingly, the Defendant committed assault to police officers as above, thereby obstructing police officers from performing their legitimate duties on 112 reports.

2. Around 02:45 on December 7, 2017, the Defendant insulting the victim publicly insultingd the victim E by stating to the police officer “If the victim was a police officer, he/she would be able to answer the police officer, and how much he/she would receive money” to the victim E, who was waiting to undergo an investigation in the D District Team located in the Dongjak-gu Seoul Metropolitan Government Seoul Metropolitan Government F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 311 of the Criminal Act, 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 amount is aggregated) 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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