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(영문) 수원지방법원 성남지원 2020.01.14 2019고단2426

경범죄처벌법위반등

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, 100.

Reasons

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

On September 14, 2019, around 03:05, the Defendant, such as a disturbance of drinking alcohol in violation of the Punishment of Minor Offenses Act, was talked with C, a woman living alone, who was under the influence of alcohol in front of Hanam-si, B, and Hanam-si, and a house of which many people gather or frequent, such as “ging, spack, spack, spack, spack, and bad,” led to a very rough speech or behavior in the alleyway.

From September 14, 2019 to 03:24 on the same day, the Defendant: (a) was drunk and arrested in the E zone of the Southern Police Station E zone in the Hanam Police Station in the Hanam-si, Hanam-si; (b) on the ground that “I will do so. I see why I see. I see. I see. I see. I see. I see.)”, and (c) was under the influence of alcohol, and was frightened by a very rough and disorderly speech and behavior for about 40 minutes at the public office.

On September 14, 2019, at the request of the Defendant that F and G, a police officer belonging to the E zone, will go to toilets, the Defendant committed an assault by opening the door by asking about five seconds of F, who laid down the wall to F, and refrained from drinking to F, and who failed to control it.

Accordingly, the defendant interfered with legitimate execution of duties concerning the custody of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The statement of each police officer made to F and G;

1. Application of the Acts and subordinate statutes, such as a visual photograph (18 pages of the investigation record), field photograph (23 pages of the investigation record), and a damaged photograph (26 pages of the investigation record);

1. Relevant provisions of the Punishment of Minor Offenses Act and Article 3 (1) 20 of the Punishment of Minor Offenses Act (which means the disturbance of sound address, etc.), Article 3 (3) 1 of the Punishment of Minor Offenses Act (which means the disturbance of cancellation by government offices, the selection of fines), Article 136 (1) of the Criminal Act (which means the obstruction of performance of official duties, and the choice of imprisonment);

1. The Criminal Act among concurrent crimes.