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(영문) 인천지방법원 2018.09.13 2018고단5303

경범죄처벌법위반등

Text

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

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Minor Offenses Act from April 22, 2018 to April 23, 2018, from around 00:40 to April 23, 2018, 200:40, the Defendant 50 minutes of the Incheon Michuhol Police Station 32, Mondo-ro 290, Mondo-ro, Incheon Mondo-ro 290, and was under investigation. The Defendant was under the influence of alcohol and was under the influence of alcohol. As such, the Defendant was under the control of the crime, and the Defendant was under the control of the police sarbling of the police.

2. On April 23, 2018, around 00:10 on April 23, 2018, the Defendant obstructed the performance of official duties: (a) at the front corridor of the toilet for the disabled of the first floor of the Incheon Michuhol Police Station; (b) was requested to return home from the superintendent of the police team affiliated with the above police station C; and (c) was arrested on the day he/she was arrested as a flagrant offender on the ground that he/she was able

"Ha means cherbing, and assaulting C's left side her cherbm with drinking towards it.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each investigation report (including additional cases where a suspect commits a crime or obstructs the performance of his/her duties, and the analysis of field CCTV images, etc.);

1. Application of Acts and subordinate statutes by cutting CCTV images into the Republic of Korea;

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of obstructing the performance of official duties, the point of obstructing the performance of official duties, the choice of fines) against the crime, and Article 136 (1) of the Criminal Act (the selection of imprisonment, etc.);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;

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

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution of public duties (limited to imprisonment with prison labor on the obstruction of performance of public duties as indicated in the judgment);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of the recommended punishment according to the sentencing guidelines (influence of the execution of public duties) [the scope of the recommended punishment] [the scope of the recommended punishment] and the basic area (influence of the performance of public duties and coercion of duties] of the type 1 (influence of the performance of public duties/influence of duty]

2. The instant crime of this case, upon the decision of sentence, has been found at night by the Defendant at night while under the influence of alcohol for a considerable time.