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(영문) 부산지방법원 동부지원 2019.09.18 2019고단1111

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 600,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On November 9, 2017, the Defendant was sentenced to 7 months of imprisonment for the obstruction of performance of official duties in the Busan District Court, and completed the execution of the sentence in the Busan Correctional Institution on June 6, 2018.

【Criminal Facts】

1. On June 6, 2019, the Defendant: (a) while drunkd at the office of the police assigned for special guard in Busan, Daegu, Daegu, Daegu, 11:50, the Defendant: (b) was under the influence of alcohol at the office of the police officer of the Busan, Daegu, Daegu, the 11-dong Office for Maritime Affairs and Security of the Republic of Korea; (c) the police officer C belonging to the B Zone called out upon receiving a 112 report on the Defendant’s disturbance cancellation column and met the Defendant; (d) the police officer C met the Defendant; and (c) the Defendant “I am well cut off the drinking scars by clearly coming within the inside of the internal demand; (e) the same bit, bit of a bitch; and (e) the same bit of a bitch; and (e) the same bits of fluss, flusor; and (e) interfere with the legitimate execution of police officers’ duties in relation to the handling of the reported case.

2. 경범죄처벌법위반 피고인은 2019. 6. 15. 18:30경 부산 해운대구 D에 있는 B지구대 앞에서 술에 취해 소리를 치고 욕설을 하던 중 지구대 경찰관들로부터 귀가를 권유받자, 지구대 안에서 “개 같은 새끼야, 더러운 새끼야, 씹쌔끼야”라고 욕설을 하면서 약 1시간 20분 동안 술에 취한 상태로 관공서에서 주정하고 시끄럽게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each statement of G and H;

1. A criminal investigation report (the use of a locker, photograph and a statement of reference witnesses), and a criminal investigation report;

1. Previous records of judgment: Application of criminal history records, investigation reports (period of repeated crime of a suspect), and Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation at government offices and the choice of fines);

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.