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(영문) 부산지방법원 2019.01.31 2018고단5343

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On November 26, 2018, the Defendant: (a) committed an act of obstruction of performance of official duties on the ground that: (b) on the street in front of the restaurant located in Busan, Busan, the Defendant: (c) 112 was under the influence of alcohol in front of the restaurant; (d) on the ground that (e) the police officer of the Busan, Jin-gu D Zone D District of the Police Station called the Defendant, who was called up after receiving the report, she was spared to the rear in order to make a horse for the Defendant who was able to cover expenses while returning home; and (e) on the ground that he was spared by the police officer E in front of the restaurant located in Busan, Jin-gu, Busan

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases.

2. From around 01:40 on November 26, 2018 to 02:10 on the same day, the Defendant, who violated the Punishment of Minor Offenses Act, expressed that “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY ACTNYYYYYYYYYYYYYYYYY ACTNYYYY ACTNYYYYYYYYYYYYYYY ACTSYYYYYYYYYYYYYYYYYYYYYYYYYYYYY ACTSYYYYYYYYYYYYY ACTSYYYYYYYYYYYYYYYY

Accordingly, the defendant, while under the influence of alcohol, led to a very rough speech and behavior in a public office.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement made to E, G, and H;

1. Photographs of the upper part of the body;

1. Application of Acts and subordinate statutes to a criminal investigation report (including words and actions, etc. inside a district), a statement in the circumstances of the main offender, a criminal investigation report (Attachment to images of the main cancellation), and a criminal investigation report (Attachment to 112 Report List);

1. Relevant Article 136 (1) of the Criminal Act for the crime (the point of obstruction of performance of official duties, the choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of violation of the Punishment of Minor Offenses Act and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when suspension of execution of punishment is invalidated or revoked);

1. Article 62 of the Criminal Act: