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(영문) 대구지방법원 2019.03.05 2018고단5861
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 100,000.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

1. No person who violates the Punishment of Minor Offenses Act (Disturbance of sound addresses) shall make a riotous or disorderly act in a riotous manner by uttering or doing rough words or conducts, or instigate other persons without any justifiable reason under the influence of alcohol, at a place where many people gather or frequent, such as a political party, theater, restaurant, etc., or a train, motor vehicle, ship, etc. on which many people are aboard;

Nevertheless, at around 01:50 on October 26, 2018, the Defendant committed an act of disturbance of drinking alcohol, such as taking a bath for about 40 minutes, on the alleyway in which the housing located in Daegu-gu and the studio are concentrated. In the state of drinking, the Defendant: (a) stated, “Iskn’t reported Haskh’s Haskh’s Haskh’s Haskh’s Haskh’s Haskh; (b) Haskh’s Haskh’s Haskh’s Hash, Ch.”

2. Around 02:20 on October 26, 2018, the Defendant of special obstruction of performance of official duties: D police officers sent out after receiving 112 notification from the Defendant’s act of disturbance of drinking alcohol in Jung-gu, Daegu-gu; and D police officers, E, a dangerous object for the Defendant to verify his/her personal information against the police officer, and extracted LPG gas call.

계속하여 위 E이 이를 제지하기 위해 옥상에 올라가려하자 위 E을 향해 위험한 물건인 벽돌을 던지고, 재차 이를 제지하는 위 D의 정강이 부위를 발로 5회 찼다.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers in the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes on internal investigation reports (as to attachment of field photographs);

1. Relevant provisions of the Criminal Act and Articles 144(1) and 136(1) of the Criminal Act (special obstruction of performance of official duties, choice of imprisonment, and choice of fine) concerning criminal facts, and Article 3(1)20 of the Punishment of Minor Offenses Act (the point of disturbance and the choice of fine) of the same Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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