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(영문) 서울북부지방법원 2021.01.14 2020고단4033

공무집행방해등

Text

A defendant shall be punished by imprisonment for a period of eight months and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant had weak ability to discern things or make decisions due to stimulative disorder, etc.

1. The Defendant violated the Punishment of Minor Offenses Act from around 01:5 on July 11, 2020 to around 02:04, the Defendant was able to avoid disturbance by putting the Defendant’s wall and cellular phone at the entrance of B office in the state of being drunked in the first floor of the Seoul East-gu Police Station 29-ro, Dongdaemun-gu, Seoul, Dongdaemun-gu, Seoul, with the influence of drinking from the first floor of the 21-ro, Dongdaemun-gu, Dongdaemun-gu, Seoul, and 21-ro.

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

2. The Defendant interfered with the performance of official duties at the time, time, and place described in paragraph 1 as seen above, avoided disturbance while under the influence of alcohol from the Inspector C belonging to the Seoul Eastdong Police Station, and caused the disturbance to be prevented, threatening C as if he were frightened, fright C by verbally frighting him, threatening C with his hand, frighting C’s chest, frighting C with his chest, and sticked C, and "h. E. E. E. E. E. E. E. E. E. E. H. M. M. shall be discarded.

N only is required to do so.

It shall be the death of internal organs.

"........... the person who was in his hand was assaulted and threatened by assault and intimidation, such as throwing on the floor of the wall and the wall belt, making the part of the above C once by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order, prevention of crimes and investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report (Attachment to on-site images);

1. Application of Acts and subordinate statutes to a investigation report (to attach images at the entrance of the Dongdaemun Police Station B);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, option of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for cancellation of official duties, selection of fines) concerning criminal facts;

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. Reduction of mental and physical weakness;