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(영문) 인천지방법원 2014.11.13 2014고단7313

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. 경범죄처벌법위반 피고인은 2014. 9. 19. 23:20경에서 23:40경까지 인천 부평구 C에 있는 인천삼산경찰서 D지구대에서 피고인이 술에 취하여 택시에서 행패를 부린 일로 경찰관이 귀가를 요구하였다는 이유로 화가나 수차례의 제지에도 불구하고 지구대 안으로 들어 와 “이 씹새끼들 좃 같은 새끼들 다 죽여버린다.”라는 등의 욕설을 하며, 그 곳에 놓여 있던 의자를 던지려 하였다.

As a result, the Defendant, while under the influence of alcohol, conveyed or scamed by very rough words and conducts for about 20 minutes in the area D District of the Incheon Samsan Police Station, which is a government office.

2. At around September 19, 2014, the Defendant interfered with the performance of official duties by assaulting the Defendant on the ground that the Defendant was a policeman E, who belongs to the Incheon Samsan Police Station, with his/her body sealed the above E in his/her hand, and with his/her face when he/she took once with his/her son, thereby obstructing the police officer’s legitimate performance of duties concerning police officer’s duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs (victims, DNA floor photographs) and CCTV photographs;

1. Application of Acts and subordinate statutes to investigation reports (CCTV investigation, etc.);

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

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

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

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