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(영문) 서울북부지방법원 2016.04.21 2016고단453

특수공무집행방해등

Text

1. The defendant shall be punished by a fine not exceeding 4,000,000 (private million).

2. When the defendant does not pay a fine, 10,000 won.

Reasons

Punishment of the crime

1. On December 22, 2015, the Defendant violated the Punishment of Minor Offenses Act: (a) was drunk and found in the D Boxes located in Dobong-gu Seoul Metropolitan Government C, and (b) was working for the police box in the police box; and (c) was found to be “Apson E”.

"Patkers" send a prison to the police station, send a prison to the police station, and have failed to avoid a disturbance in drinking for about five minutes."

2. The Defendant interfered with the performance of special official duties at the time, place, such as the time, time, and place mentioned in the preceding paragraph, went back to the Defendant’s house after receiving a request for returning back from F to the Defendant’s house, which was in danger of 22:15 on December 22, 2015, and returned to the Defendant’s house. On December 22, 2015, the Defendant saw that “I will die, I will do so. I will do so.” The Defendant saw that “I will die, I will do so,” and that I will go to go to go to the police box, as I would go to go to go to G.

As the G’s personal injury would result in the threat, it interfere with the legitimate execution of duties concerning the prevention and investigation of G crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the police statement protocol regarding E;

1. Images of CCTV images and images of field pictures;

1. Application of Acts and subordinate statutes of subparagraph 1 of this Article;

1. Article 144 (1) and Article 136 (1) of the Criminal Act concerning the crime, and Article 3 (3) 1 of the Punishment of Minor Offenses Act (Selection of each fine) of the same Act concerning the crime;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment imposed on a person who interferes with the performance of special duties with heavy punishment) shall be aggravated for concurrent crimes;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Daejeon District Court on November 28, 2014, and two years of suspended execution, which became final and conclusive on January 15, 2015, and is currently under suspended execution.

However, each of the crimes of this case has been committed after drinking alcohol and again.

However, the defendant is aged, and his behavior is broken by drinking.