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(영문) 수원지방법원 안양지원 2020.05.08 2020고단202

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding 600,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On October 31, 2019, the Defendant obstruction of performance of official duties: (a) sent to the scene after receiving a report on around 23:30 on October 23, 2019; (b) “The two male wirs are wired by two persons”; and (c) Dadmen affiliated with D who had heard the statement from Defendant’s daily behaviors, “Ah, Shimp. Sat. Sat. Sat. Sat. Sat. Sat. Sat. Sat. Sat. Sat. Sat. Sat. Sat. Sat. Sat. Sat. Satf.s.)”, the Defendant shicked D’s firth, with his body, pushed the chest, and

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

2. 경범죄처벌법위반 피고인은 2019. 10. 31. 23:45경 평택시 F에 있는 C지구대에서, 위와 같은 일로 현행범 체포되어 대기하던 중 술에 취한 상태로 “이 씨발 개새끼야. 네가 사람이냐 씨발년아. 똑바로 해라. 씨발새끼들아. 싸가지 좃나없는 새끼 멀쳐다봐. 씨발놈아 아가리 찢어버린다. 죽여버리기전에 조용히 해라. 죽여버린다. 씨발새끼야 그만해라. 좃까고 그만 좀 해라. 씨발놈아 병신같은새끼들아”라고 큰 소리로 말하였다.

Accordingly, the defendant, while under the influence of alcohol, had a very rough and visual speech by a government office.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D and E;

1. G statements;

1. Application of Acts and subordinate statutes to investigation reports (on-site CCTV perusal), investigation reports (to be accompanied by screen pictures taken by wooden G), investigation reports (to be accompanied by screen pictures held by government offices of a suspect for cancellation of the owner by screen pictures);

1. Article 136 (1) of the Criminal Act and Article 3 (3) 1 of the Punishment of Minor Offenses Act concerning facts constituting an offense (a point of the place of obstruction of performance of official duties) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of a fine for the violation of the Punishment of Minor Offenses Act, which is selected for the crime of obstructing the performance of official duties

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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