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(영문) 서울동부지방법원 2020.11.23 2020고단176

공무집행방해등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 9, 2019, the Defendant was dissatisfied with the performance of official duties on the part of the Defendant: (a) reported 112 to the effect that “at least two women are fluored,” among women’s fluorants in front of Songpa-gu Seoul building, they were sent to the site after having received a report that “at least two women are fluored;” and (b) took a bath to the police officers who were sent to the site, and was fluored by the fluor D and the fluor E; and (c) took a bath to the said police officers; and (d) carried the chest part of the said D’s chest part on a hand and fluorous hand.

Accordingly, the defendant assaulted police officers and interfered with legitimate execution of duties concerning receipt of 112 reports and maintenance of public order.

2. The Defendant, in violation of the Punishment of Minor Offenses Act, was arrested as a flagrant offender who obstructed the performance of official duties at the same place, and was handed over to C District of the Seoul Song-gu Police Station around 22:25 on the same day, and subsequently, the Defendant was unable to avoid disturbance for about 40 minutes by stating that “Chofs, sawfs, sawfs, sawfs,.” at the above district office.

Accordingly, the defendant, while under the influence of alcohol, had a very rough and disorderly speech and behavior in a public office.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. Investigation report (investigation of evidence video images);

1. Application of Acts and subordinate statutes concerning evidence video materials;

1. Relevant Article 136 (1) of the Criminal Act and Article 3 (3) 1 of the Punishment of Minor Offenses Act, the choice of applicable Article on criminal facts, and the choice of punishment;

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

1. Selection of an alternative fine for punishment;

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

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

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