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(영문) 서울서부지방법원 2018.05.09 2016고단3895

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On December 4, 2016, around 11:55, the Defendant obstructed the performance of official duties, on the part of the Defendant: (a) was asked to stop a disturbance from D belonging to the Seoul Yongsan Police Station C District Branch of the Seoul Yongsan Police Station; (b) who was under the influence of alcohol on the front of the police box located in Yongsan-gu Seoul, and (c) was assaulted by the Defendant, i.e., the Defendant, who was the victim of the disturbance, such as raising a trial expense to the visitors of his name in the front of the police box located in Yongsan-gu Seoul, and getting his/her hand off the parked police vehicle.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

2. On December 4, 2016, the Defendant continued to violate the Punishment of Minor Offenses Act, within the police box around 12:15, 2016, expressed that the Defendant was arrested as a current offender for the same reason as paragraph 1, and expressed a large voice as “fuk yu”, and brucatedly, she was compelled by her horses and actions through her government offices while under the influence of b0 minutes, such as the brucing of the table.

Summary of Evidence

1. Statement made by the police against D;

1. E statements;

1. The application of statutes, a written statement and an explanatory note to the State;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties, choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing drinking in official books, the point of disturbing drinking in official books, and the choice of fines);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;