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(영문) 대구지방법원 서부지원 2016.10.11 2016고단1643
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On August 9, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) around 06:15 on August 9, 2016, at the Seodaemun-gu Seoul Police Station C police box, which was located in the Seogu-gu B, expressed complaints that the Defendant was sent to a summary judgment to a violation of the Punishment of Minor Offenses Act due to the act of unflaging and drunking, and, while under the influence of alcohol, the Defendant was flaged with a large amount of desire on the floor, such as “on the one hand, I am flab head flab, I am flab, and I am am. I will file a complaint.”

2. On August 9, 2016, the Defendant: (a) arrested a flagrant offender under suspicion of violating the Punishment of Minor Offenses Act due to the above disturbance at the police box around 07:30 on August 9, 2016; (b) designated him as a “case protection officer” to prevent the Defendant’s escape or self-injury; and (c) obstructed the police officer’s lawful performance of duties, such as “prevention of escape and self-injury of a suspect,” by assaulting the Defendant, such as spits, etc. on the face of the police officer affiliated with the above police box.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes to report the occurrence of cases;

1. Relevant Article 136(1) of the Criminal Act concerning the crime, Article 3(3)1 of the Punishment of Minor Offenses Act, and selection of fines;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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