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(영문) 서울서부지방법원 2017.09.14 2017고단1943
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and a fine for 200,000 won.

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

Reasons

Punishment of the crime

1. Pedestrians who have violated road traffic Acts shall cross the road at which crosswalks, underground passages, overpasses and other road-crossing facilities are installed, and shall not violate them;

On June 3, 2017, the Defendant, around 01:40, cross-section 6 lanes in front of the Seodaemun-gu Seoul Building B, Seodaemun-gu, Seoul, and even though the crosswalk and the underground passage are installed in the vicinity, did not cross the crosswalk or the underground passage, and did not cross the said road without permission.

2. The Defendant interfered with the performance of official duties at the same time and place as Paragraph 1, and committed assault, such as: (a) when he was under the control of D, developments leading up to the reduction of the affiliation of the Seodaemun Police Station C District D, E, and Patrol F, refusing to present an identification card; (b) the head was sealed on the chest of the said D; and (c) the head was sealed once by drinking the right side of the said D.

As a result, the defendant interfered with legitimate execution of duties of police officers on traffic control.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to field photographs and photographs damaged by violence by victim police officers;

1. Article 157 subparagraph 1 of the relevant Act, Article 157 subparagraph 2 of the Road Traffic Act, Article 10 (2) of the Road Traffic Act (unauthorized crossing, Selection of fines) concerning the facts constituting an offense, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties, the selection of imprisonment with prison labor);

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendation] [the grounds for sentencing of Article 334(1) of the Criminal Procedure Act] The basic area (from June to January 1) (no person who has been sentenced to a special sentencing] [the decision of sentencing] is recognized by the defendant [the decision of sentencing], the fact that the defendant is relatively minor, and that there is a history of being punished for violent crimes.

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