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(영문) 수원지방법원 평택지원 2018.01.03 2017고단1301

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

1. On May 14, 2017, at around 02:35, the Defendant interfered with the performance of official duties: (a) on the front of “Csing room” located in Pyeongtaek-si B, the Defendant 112 reported and solicited the Defendant to return home from E who was a policeman belonging to the Pyeongtaek-si Police Station D's seat, who was called to the said place; (b) attached the said E's bridge, which was put up by causing the Defendant, to go home on the floor.

Accordingly, the Defendant assaulted a police officer who was performing legitimate duties on the handling of 112 reported cases, thereby hindering the performance of official duties.

2. On May 14, 2017, the Defendant violated the Punishment of Minor Offenses Act: (a) was arrested as a current offender interfering with the performance of official duties, and was transferred to the D District Branch located in Pyeongtaek-siF, the Defendant committed a disturbance for approximately 20 minutes for police officers working in the situation at all times, such as “I are China, and we need to open, die, and die. I are our nation, and I are our people, who will be arrested.”

Accordingly, the defendant, while drunk, was in a very rough and disorderly manner at a public office.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A written statement of G and H;

1. On-site CCTV photographs;

1. Application of the DNA mobile phone image-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties, select fines) and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of revoking the official seal);

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. Taking into account the fact that there are no other criminal records in the Republic of Korea for the reason of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, and that the degree of violence inflicted on police officers is not strong;