beta
(영문) 수원지방법원 성남지원 2020.04.01 2019고단3260

공무집행방해등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On October 1, 2019, at around 00:15, the Defendant committed an assault, such as 0:15, on the part of the Defendant: (a) on the part of the first floor of the Gangnam-gu Seoul building, the male, who ever taken away from the said convenience store, was demanded by the police box affiliated with the Seoul Gangnam-gu Police Station D commander of the Seoul Southern Police Station to leave the said convenience store; (b) “one guard,” and “one guard,” and the Defendant committed an assault, i.e., on the part of the drinking, that she took one time a part of the left clothes of the E, wreed, and wreing a drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. On October 1, 2019, the Defendant violated the Punishment of Minor Offenses Act: (a) at the Seoul Gangnam-gu Seoul Gangnam-gu Police Station D police box located in F, Gangnam-gu, Seoul, the Defendant was arrested and detained for the obstruction of performance of official duties under paragraph (1); (b) and (c) under the influence of alcohol, the Defendant saw the police officers into a large voice, namely, “I am on the front day of the weather”, “I am on the front day of the weather”, and “I am on the floor, if I am spit off, I am on the floor, and I am or sick by very rough words and actions at the public office for about 10 minutes, such as spiting spit on the floor.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Application of Acts and subordinate statutes to report internal investigation (verification of historical evidence in the form of revocation of the owner of a government office);

1. Relevant Article 136(1) of the Criminal Act, Article 3(3)1 of the Punishment of Minor Offenses Act and Article 3(3)1 of the Punishment of Minor Offenses Act, the selection of fines for criminal facts;

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

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 of the provisional payment order is that the crime of obstruction of performance of official duties is a serious crime detrimental to the function of the State by nullifying a legitimate exercise of public authority.

However, the defendant was the first offender, and the defendant was wrong.