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(영문) 수원지방법원 평택지원 2019.07.25 2019고단381

공무집행방해등

Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On March 20, 2019, at around 23:02, the Defendant used assaulting the victim’s chests as a matter of the victim E (the age of 40) and the charge, which is an article of the cab (D) that the Defendant gets aboard on the cafeteria located in Pyeongtaek-si B, and assaulted the victim’s body with his son and body through his son and body.

2. At around 23:25 of the same day, the Defendant obstruction of performance of official duties: (a) 112 on the road in front of the above C cafeteria; (b) Gyeong G belonging to the F District of the Bupyeong-gu Police Station F District called up after receiving a 112 report that “the taxi engineer and the customer have a vision” was sent one time to arrest the Defendant as a flagrant offender of the assault; and (c) Hah affiliated with the F District of the Pyeongtaek-gu Police Station was at one time at the right right knee of the H in order to arrest the Defendant as a flagrant offender of the obstruction of performance of official duties or assault; and (d) 23:34 of the same day, at the same time, he was arrested and detained as a flagrant offender in the F District located in Pyeongtaek-si I and took custody of the Defendant as a flagrant offender.

After all, the defendant interfered with the police officer's legitimate execution of duties concerning criminal investigation and arrest of flagrant offenders.

3. At around 23:35 on the same day, the Defendant, who violated the Punishment of Minor Offenses Act, was arrested and detained in a flagrant offender for committing an offense, such as paragraphs 1 and 2, and was under the influence of alcohol, was faced with the police officer, and was walking to the breath, and was under the influence of alcohol, with the influence of alcohol and slicking at a government office, while under the influence of alcohol, the Defendant was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G and H;

1. E statements;

1. Application of the Acts and subordinate statutes concerning field photographs and closure photographs;

1. Relevant provisions of Article 260 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 3 (3) 1 of the Punishment of Minor Offenses Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act, punishment of imprisonment and choice of fine;

1. The Criminal Act among concurrent crimes.