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(영문) 서울동부지방법원 2018.10.18 2018고단2043
공무집행방해등
Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. On May 13, 2018, the Defendant obstructed the performance of official duties, around 09:40 on the front side of Songpa-gu Seoul, Songpa-gu, Seoul. On May 13, 2018, the Defendant: (a) confirmed the situation of assault damage from the 112 report that “Many woman is male; (b) confirmed the situation of assault damage from D, other than this case, of the case belonging to the Seoul Song Police Station C District; (c) instructed the Defendant to present his/her identification card; (d) made a bath and talk; and (d) assaulted the Defendant by using a cell phone used in his/her hand at one time the left face of D.

Accordingly, the defendant interfered with the police's legitimate execution of duties concerning 112 reports.

2. Defincing the Defendant, at the same time and place as above, 'F' workers and delivery located in front of the Defendant, and in the circumstances where there are many people such as the above E, etc., the victim guard D, victim G, victim police officer G, victim police officer H, victim police officer Ha, victim police officer Ha, and victim police officer J of this case who called out after receiving the above report, fincing the victim J to “this fincing fin, farb fch, farb fch,” and farcing the victim J.

Highly, during the launch of the 1st century, I am h'h', and J called I am h'h' to J.

Along with the expression "I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I.

The victims were openly insulting for about 15 minutes, including the 15 minutes of the call, the call, the call, and the call, the call, and the call.

Summary of Evidence

1. Statement by the defendant in court;

1. Each complaint filed by D, G, I, and J;

1. Application of Acts and subordinate statutes on police statements made to D and H;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 311 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.

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