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(영문) 수원지방법원 2021.02.09 2020고단7445
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 100,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. No person who violates the Punishment of Minor Offenses Act shall live in the surroundings by very rough words or conducts, at a place where many people gather or frequent, such as a restaurant, etc.;

Nevertheless, at around September 22, 2020, the Defendant opened a gate in the residence of the Defendant of the B apartment apartment C on Sep. 5, 2020, and left a large lusium in the state of drinking, boomed with a large lusium in the form of mixed-level, brusing, and brusing music, etc.

2. At around 22:51 on September 5, 2020, the Defendant, at the same place as indicated in the foregoing paragraph 1, expressed that “Around September 5, 2020, the Defendant: (a) was asked to verify the identity of the D District E belonging to the D District, and the horse F, who was dispatched by the Defendant at the same place as indicated in the foregoing paragraph 112, and was urged by the Defendant to check the identity; (b) the Defendant expressed that “A Chewing fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor of a bitch, fluor of a bitch, fluor of a bitch; (c) the police fluor of a bitch, fluor of a bitch; and (d) threatened the body of the E and F.”

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement report with respect to E and F (Attachment to the report processing sheet related to a suspected suspect), -112 report handling of the case, internal investigation report (verification of the attachment to a police officer Badi-cam and the criminal suspect in image) and investigation report (Attachment to a written statement for a suspect's neighboring residents);

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant provisions of the Criminal Act and Articles 144(1) and 136(1) of the Criminal Act (the point of obstructing the performance of special official duties, choice of imprisonment), Article 3(1)20 of the Punishment of Minor Offenses Act (the point of obstructing the performance of official duties, and choice of fines) concerning the crime;

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

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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