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(영문) 수원지방법원 평택지원 2019.09.26 2019고단792

경범죄처벌법위반등

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A defendant shall be punished by imprisonment with prison labor for four 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 May 25, 2019, the Defendant violated the Punishment of Minor Offenses Act, from around 23:57 to May 00:14, 2019, the Defendant was able to avoid disturbance for about 17 minutes, such as baring, etc., while taking a large bath for a police officer who had been working at a place under the influence of alcohol within the Pyeongtaek-si Police Station C police box located in Pyeongtaek-si located in Pyeongtaek-si, B. The Defendant was able to avoid a disturbance for about 17 minutes, by taking a brush with the large amount of bitching of bitch bits, bits.

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

2. 공무집행방해 피고인은 제1항 기재 일시, 장소에서 위 경찰서 소속 경찰관인 D이 피고인을 상대로 음주측정을 하려고 하자 갑자기 오른발로 위 경찰관의 왼쪽 다리 부분을 1회 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning criminal investigations in violation of the Punishment of Minor Offenses Act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each report on investigation;

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

1. Article 136 (1) of the Criminal Act of the relevant statutory provisions concerning criminal facts (the point of obstructing performance of official duties, the choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing the head of a government office 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 (1) of the Criminal Act;

1. The sentencing guidelines for the crime of obstruction of performance of official duties under Article 334(1) of the Criminal Procedure Act are as follows: one month to eight months (in minor cases, the degree of violence is insignificant); and the degree of interference with violence and performance of official duties is minor and the defendant repents his mistake.