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(영문) 인천지방법원 부천지원 2020.06.30 2020고단1307
경범죄처벌법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Minor Offenses Act from March 19, 2020 to October of the next day, from around 23:45, 2020 to around 00:10, the Defendant continued to have a large amount of noise within the said district while drinking alcohol on the floor of the first floor of the building C, Seocheon-si, B, and the police officers who received a report and dispatched after receiving the report, even though they met, and was arrested as a flagrant offender in the obstruction of performance of official duties as stipulated under the following “2,” and had been arrested as a police officer as a flagrant offender in the obstruction of performance of official duties and led to a large amount of noise within the said district.

Accordingly, the Defendant, at a place where many people gather or frequent, led to a very rough speech or behavior, which makes the surrounding person slick, or who, without any justifiable reason, conveyed it to others under the influence of alcohol.

2. The Defendant has a male who had a 'B building' before the above "B building E" around 00:10 on March 20, 2020.

‘The F' reported 112 and sent the F face by hand from the slope F belonging to the D Zone D District of the 1,000 U.S. Police Station, who is recommended to return home.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of F, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. A police statement statement concerning F to investigate the obstruction of performance of official duties;

1. Application of Acts and subordinate statutes to damaged party photographs, copies of public official identification cards, and copies of work logs;

1. Relevant provisions concerning the crime, Article 3 (1) 20 (a) of the Punishment of Minor Offenses Act (a point of disturbing sound addresses), Article 136 (1) of the Criminal Act (a point of obstructing performance of official duties), and selection of fines, respectively;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes and reflects the crime of this case. The first offender is the first offender, and the crime of this case appears to have been committed contingently in the course of detention, and the degree of assault seems not to be severe, and the defendant's age and agreement is reached with the victimized police officer.

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