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(영문) 서울남부지방법원 2013.08.23 2013고정2126
공무집행방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 23, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Military Service Act in the Incheon District Court’s Branch Branch Branch Office, etc., and the said judgment became final and conclusive on November 17, 2012.

On May 27, 2010, around 09:10 on May 27, 2010, the Defendant obstructed the legitimate performance of official duties by a police officer by assaulting a police officer E (ma, South and 53 years old) who was driven by D as a passenger of a private taxi operating by D, for the purpose of getting on and going to an unsatisfy destination in front of the Dogsan distance in front of the new B-dong, and thereby making the aforementioned public security center under the influence of alcohol. As such, the Defendant was under the influence of alcohol, which led to the foregoing taxi engineer D’s “under the influence of alcohol, without paying any charges,” while taking a bath, and doing so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements prepared in D;

1. Previous records: Application of criminal records, written judgments and Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

2. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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