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(영문) 서울서부지방법원 2019.07.11 2019고단1461

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 200,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On April 29, 2019, the Defendant: (a) under the influence of alcohol at B entertainment bars located in Yongsan-gu Seoul Metropolitan Government on April 23:0, 2019, the Defendant: (b) was arrested to commit an act of assault against the bareboat owner; (c) obstructed police officers’ legitimate performance of duties in relation to police officers’ criminal investigations by committing an act of assaulting the bareboat owner; and (d) 3:00; (c) attempted to kill and kill the bareboat owner; and (d) attempted to injure the police officers by committing an act of assaulting the bareboat owner; and (d) attempted to capture the police officers.

2. 관공서주취소란 피고인은 2019. 4. 29. 23:35경부터 다음날인 30. 00:30경까지 위 C지구대에서 “야!!개새끼들아”, “목을 따 버린다.”, “내가 E지구대 찾아와서 니네들 다 죽여버린다”라고 말하고 대기의자에 몸을 부딪히는 등 술에 취한 채로 관공서에서 몹시 거친 말과 행동으로 주정하고 시끄럽게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Each G statement;

1. Control note and the circumstantial statement of the shipowner;

1. Application of Acts and subordinate statutes to each investigation report (the speech and behavior of a suspect, the words and behavior of a suspect in charge of surveillance of an entry, evidence pictures of the suspect with obstruction of performance of official duties, evidence pictures after the obstruction of performance of official duties, and evidence pictures of the cancellation

1. Relevant legal provisions concerning facts constituting an offense and the point of obstructing the performance of official duties: Article 136 (1) of the Criminal Act (Selection of Imprisonment): Article 3 (3) 1 of the Punishment of Minor Offenses Act (Selection of Fine);

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

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

1. Article 62(1) of the Criminal Act (the imprisonment with prison labor in the market)

1. The following circumstances are the reasons for sentencing of Article 62-2 of the Criminal Act, Article 44-2 of the Medical Treatment and Custody, etc. Act (see, e.g., the circumstance and details of recidivism and the need for medical treatment for alcohol dependence, etc. in light of the details of the crime).