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(영문) 서울남부지방법원 2019.10.15 2018고단6023
경범죄처벌법위반등
Text

A defendant shall be punished by imprisonment for a term of eight months and a fine of six hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Minor Offenses Act, around August 4, 2018, at around 23:33, 2018, committed a disturbance, such as: (a) the Defendant, who received a report from Gangseo-gu Seoul Metropolitan Government Party B and received a 112 report, was against the police officers’ complaint on the measures taken by the police officers; (b) from around 01:20 on August 5, 2018 to around 05:35 on about 10 occasions alcohol alcohol; and (c) found the police officers’ complaint as the D zone located in Gangseo-gu Seoul Metropolitan Government Party C, thereby raising the police officers

The Defendant, while under the influence of alcohol, had a very rough and disorderly speech or behavior at a public office.

2. On August 5, 2018, at around 04:04, the Defendant committed an obstruction of performance of official duties on the street of the D Zone located in Gangseo-gu Seoul Metropolitan Government, the Defendant 5 times, with sound from the police officers belonging to the D Zone D District Unit of the Seoul Gangseo-gu Seoul Metropolitan Government Police Station, trying to explain the civil petition procedure, making the face of the E one time by his/her hand, making the face of the E one time by his/her hand.

As such, the Defendant assaulted police officers E and interfered with legitimate performance of duties concerning maintenance of order, etc.

3. On August 5, 2018, around 05:10 on August 5, 2018, the Defendant: (a) entered the D District District District located in Gangseo-gu Seoul Metropolitan Government, and carried out a failure as referred to in paragraph (1); and (b) out of the police officer F and G belonging to the said D District District;

Despite the receipt of the request, approximately 25 minutes did not comply with it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the 112 reported case handling table, investigation report (using a outfit and words and actions after arrest), investigation report (related to spatial CCTV images and video images on mobile phones);

1. Article 3 (3) 1 of the Punishment of Minor Offenses Act and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of obstructing the performance of official duties, choice of fines), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, choice of imprisonment), Article 319 (2) and (1) of the Criminal Act concerning criminal facts; and choice of imprisonment;

1. Of concurrent crimes, the crimes of obstructing the performance of official duties and of refusing to withdraw under the former part of Article 37, Article 38(1)2 and 3, and Article 50 of the Criminal Act are crimes of obstructing the performance of official duties, and the punishment is more severe.

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