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(영문) 의정부지방법원 고양지원 2016.09.22 2016고단1588
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

However, the above imprisonment for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 2, 2016, the Defendant, in violation of the Punishment of Minor Offenses Act, tried to board a taxi driven by B from the shooting distance in the gold village located in the 193-ro 193 from the new fireworks at the time of strike, and even after being solicited to charge gas from B to board another taxi, the Defendant was under the influence of alcohol and demanded the police station to go on the said taxi without permission.

Accordingly, the Defendant visited the D District Team in C along with the above B, and the police officer who was on duty in the place where he was on duty “I”;

씹새끼야, 씨 발 맞짱 뜨자, 너 의경새끼지, 이리와 봐 씨 발 놈들아! ”라고 소리를 치고 욕설을 하는 등 술에 취한 채로 관공서인 지구대에서 몹시 거친 말과 행동으로 주정하고 시끄럽게 하였다.

2. On June 2, 2016, at around 23:20, the Defendant was arrested in the act of insult B, etc. in the D District as stated in paragraph (1) of this Article. On the following day, at the D District parking lot around 00:40, the Defendant: (a) expressed that “I am-ri-gi, I am-ri, and I am-ri, I am-ri, I am-ri, I am-ri, I am-ri, I am-ri, I am-ri, I am-ri, I am-ri, I am in the right kne, and tried to walk the B’s bridge and clothes on several occasions in order to bring the Defendant to the police.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to the suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the suspect of the police against the accused (including the part concerning the B confrontation);

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation in official books, and the selection of fines);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Act, the suspension of execution;

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