beta
(영문) 수원지방법원 평택지원 2017.06.21 2016고단2727

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On December 6, 2016, the Defendant: (a) was under the influence of alcohol while moving a taxi in B from the shot on or below B to the Pyeongtaek-si; (b) on December 6, 2016, the Defendant was diving.

around that time, the Defendant received the visit report from the above B, and solicited the Defendant to cover and pay the taxi expenses at the right face of the police station of Pyeongtaek-si Police Station D in Pyeongtaek-si, the Defendant was at one time at the right side of the border E belonging to the above Gyeong-si, which recommended the Defendant to pay the taxi expenses.

Accordingly, the defendant assaulted a police officer who was performing legitimate duties concerning the handling of visit reports, thereby hindering the execution of official duties.

2. On December 6, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) arrested the Defendant as a current offender interfering with the performance of official duties due to the crime of paragraph (1) around 05:40 on December 6, 2016; and (b) brought the Defendant into the said Category.

Chewing franchisium ..... h.b. p. 30 minutes p.m. c.

Accordingly, the defendant, under the influence of alcohol, flusently fluorous words and conducts at government offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. B written statements;

1. A written statement of the main officer;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties, choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (Selection of Penalty) concerning the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of 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 (The following favorable circumstances):

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of recommendations] [the grounds for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of recommendations] and the basic area (from June to January 4) (no person with special sentencing factors] [the decision of sentencing] is unfavorable.