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(영문) 수원지방법원 평택지원 2020.05.19 2019고단2067

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of thirty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On August 6, 2019, the Defendant, at around 20:55, obstructed the police officer’s legitimate performance of official duties in relation to handling 112 declarations, at the price of the police officer D, dispatched after receiving a 112 report at one time by the Defendant’s hand.

2. On August 6, 2019, the Defendant, in violation of the Punishment of Minor Offenses Act, committed an act of disturbance for about one hour at the government office while under influence of alcohol by putting the police officers belonging to Pyeongtaek-si E with a large volume of voice over several times, such as “this sponse Franchise”, “sponse Franchisp in this spatch,” and “the spatch sponse in the inside and outside of the inside of the country”.

3. On August 6, 2019, at around 22:30, the Defendant: (a) opened the front door of the patrol police officer D to transport the Defendant to Pyeongtaek-si Police Station; (b) obstructed the police officer’s legitimate performance of official duties concerning the handling of 112 declarations and criminal investigations; (c) at the same time, the Defendant took the face of the police officer D, who tried to take the Defendant on the front door of the F District Police Station located in Pyeongtaek-si E, and obstructed the police officer’s legitimate performance of official duties in relation to the handling of 112 declarations and criminal investigations; and (d) put the victim of the police officer

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D and G;

1. Each statement of H and I;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a field photograph (a damaged winder, a police officer's fluor photograph), photographic part of D's injury, photograph of D's body, and photographic image-fluor data related to a disturbance in the state of the public office;

1. Relevant Articles 136 (1) and 257 (1) of the Criminal Act (the point of obstructing performance of official duties), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing performance of official duties at governmental offices) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act (a punishment imposed on August 6, 2019, between the crimes of obstruction of performance of official duties and the crimes of injury, and between the crimes of grave injury) of the Commercial Concurrent Crimes;

1. On August 6, 2019, at around 20:55, the punishment for obstruction of the performance of official duties, the choice of imprisonment for the crime of injury, and the violation of the Punishment of Minor Offenses Act.