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(영문) 창원지방법원 거창지원 2015.10.21 2015고단242

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding five hundred thousand won.

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

Reasons

Punishment of the crime

[Criminal Power] On September 9, 2015, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for violating the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Changwon District Court’s branch support on September 9, 2015, and the judgment became final and conclusive on September 17, 2015.

【Criminal Facts】

1. On September 12, 2015, the Defendant, in violation of the Punishment of Minor Offenses Act, expressed that he was under the influence of alcohol to the police officers, who were working in the police station D District of the Yongsan Police Station, and expressed 10 minutes of a total quantity of 10 minutes to a very rough speech and behavior at the police office, such as: (a) having been working in the earth; and (b) having been serving in the earth; and (c) having been serving in the earth, she was forced by a very rough speech and behavior at the police office.

2. When the Defendant, at the time, at the time, and at the place specified in Paragraph 1, 2, 3, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 1, 5, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2, 2, 2, 2, 2, 2, 3,

Accordingly, the defendant interfered with the legitimate execution of public security duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of E and F;

1. Statement on the actual state of exploitation;

1. Each investigation report (with respect to the attachment of CCTV video images and CDs in the D District, and correction of criminal time);

1. A copy of the work log in the D District;

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (a copy of the results of the judgment, and confirmation of the date of final release from the military court);

1. Relevant provisions of Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of the disturbance of revocation by the government offices) and Article 136 (1) of the Criminal Act concerning the crime;

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

1. Imprisonment with prison labor and a fine for a violation of the Punishment of Minor Offenses Act on the crime of obstruction of the performance of official duties of choice of punishment

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes