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(영문) 창원지방법원 2017.08.30 2017고단2430

공무집행방해등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On July 7, 2017, the Defendant violated the Road Traffic Act: (a) was under the influence of alcohol in front of C pharmacies located in Seongdong-gu, Changwon-si; (b) was set up on two-lanes by putting up a signboard prohibiting parking, which is set up at the central line of the road and at the edge of the road delivery; and (c) went back to the road on two-lanes; and (d) prevented vehicles, such as route buses and taxis passing through the said place, from passing through the road.

Accordingly, the defendant performed an act of sticking on the road under the influence of liquor.

2. Around July 7, 2017, at around 22:53, at the same place as paragraph (1) and paragraph (1) of this Article, the Defendant publicly insultingd the victims of the instant police box, including the victim E and the police officer of the police station of the Changwon Police Station, who was dispatched after being reported at 112 on July 7, 2017, to the victim E and the Defendant, while drinking alcohol to the victim E and the police officer, and committing criminal acts, including G, while she was fried, the Defendant called the victims of the instant police box with the large voice called “Choe, frien, fried, fried, fried, fried, fried, fried, f

3. The Defendant interfered with the performance of official duties, at the same time, at a place as set forth in paragraph 2, and assaulted, such as tear, etc., by pushing the chest of F, pushing the chest, booming the boom, and booming the boom.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers who handle 112 reporting affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Application of the photographic Acts and subordinate statutes;

1. Subparagraph 4 of Article 157 of the Road Traffic Act and Article 68 (3) 1 of the same Act concerning facts constituting an offense (violation of prohibition on the use of a road), Article 311 of the Criminal Act, and Article 136 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Optional fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act (in a case where the sentencing criteria are not set) of the Criminal Procedure Act: Imprisonment with prison labor for a year and six months and a fine of 200,000 won: The grounds for an increase of a fine of 5 million won: