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(영문) 수원지방법원 안산지원 2014.12.26 2014고단1923

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 June 24, 2014, the Defendant in violation of the Punishment of Minor Offenses Act found the Defendant under the influence of alcohol at a police box located in Sinsi-si B around 00:10 on June 24, 201, and provided that the police did not properly handle it even though the Defendant’s wife filed 112 disputes over the problem of baring the male and the opening of his/her residents on the upper floor at his/her bar. On the other hand, the Defendant was urged to return home on several occasions from D during which he/she had worked in the said police box, and he/she did not comply with it without complying therewith.

Accordingly, the Defendant, while under the influence of alcohol, conveyed at the police box of the Silung Police Station, which is a government office.

2. At around 00:20 on the same day, the Defendant committed an assault, such as the balp and balp of the above D, which was committed by the Defendant, on his own hand, at around the front door of the police box, that the Defendant was to take a dynamic image with the cellular phone, that the said D was to take the fals of the balp, that “abbbing the bridge, cutting the balp, killing the balp.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order and the protection of people's body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. CCTV data;

1. Application of the statutes governing the service place of a police box;

1. Relevant Article of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbance of revocation), and the choice of fines, respectively;

1. Aggravation of concurrent crimes under Articles 37 and 38 (1) 2 of the Criminal Act (to the extent that the maximum amount of both crimes is added up, for concurrent crimes with the punishment determined for the crime of obstruction of performance of official duties heavier than that of the punishment);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the defendant.