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(영문) 창원지방법원 2016.11.17 2016고단3381
공무집행방해등
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 fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. On September 23, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) around 22:10 on September 23, 2016, and (b) around the bus stops in front of Kimhae-si, 301, and (c) around the 301st bus stops in front of the taxi, and (d) on the part of

2. The Defendant engaged in the obstruction of performance of official duties at the time and place stipulated in Paragraph (1) of this Article, and took a bath to the E officer belonging to the Kimhae Police Station D, who requires the Defendant to present his identification card in order to witness and take a disposition of notification. The circumstances leading to the same police station, F, who was affiliated with the same police station, did not control the Defendant, notify the Defendant of his personal information, was at least once, while continuing to take a bath, and was at least five times at the left hand of the above E in drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention of crimes and the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of Article 3 (1) 12 (a) of the Punishment of Minor Offenses Act (a point of view of nanotechnology) and Article 136 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Determination of a fine for a violation of the Punishment of Minor Offenses Act, and the choice of imprisonment for the obstruction of performance of official duties

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

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

1. The dismissal of prosecution under Article 62 (1) of the Criminal Act

1. 공소사실의 요지 피고인은 2016. 9. 23. 22:10경 김해시 C아파트 301동 앞 버스정류장 앞에서 노상방뇨를 하다가 이를 목격한 김해중부경찰서 D 소속 순경 E이 통고처분을 하기 위해 피고인에게 신분증 제시를 요구하자, 피고인은 위 경찰서 소속 경위 F, 택시 기사인 G, 인근 행인들이 있는 가운데, 피해자 위 E에게 "야이 씨발놈아, 내 아들도 니처럼 짭새다.

ASEAN, Republic of Korea, Austria.

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