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(영문) 수원지방법원 안양지원 2016.06.30 2016고단581
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. A foreigner staying in the Republic of Korea in violation of the Immigration Control Act must always carry a passport, alien registration certificate, etc., and even if a competent public official requests the presentation of a passport, etc., the defendant, who is a national of the Republic of China, was a national of the Republic of China, around 16:35 March 27, 2016, the defendant requested that the police officer D et al. who was dispatched to the Republic of Korea after receiving a report on the sale of alcoholic beverages during the period of drinking alcohol, and refused to present a foreign registration certificate without good cause.

2. The Defendant interfered with the performance of official duties, who received a report on the sale of musical beverages at the same time or at the same place as indicated in the above 1. paragraph, and received a request for presentation of a foreign registration certificate from the police officer D, etc.

Is the error in this section may be found;

Each of them shall be immediately dismissed.

"................. the two grandchildren assaulted the chest of the above D, and interfered with the legitimate execution of duties by the police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A report on investigation;

1. Foreign registration certificate;

1. Application of Acts and subordinate statutes to victim E-mail photographs;

1. Article 98 of the relevant Act on the facts constituting an offense, Article 98 subparagraph 1 of the Immigration Control Act, Article 27 (2), the main sentence of Article 27 (1) of the Immigration Control Act (the point of presenting an alien registration certificate) and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, and the choice of imprisonment with labor);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment are as follows: (a) the circumstances constituting the conditions for sentencing, such as the age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be taken into consideration.

(b)bed;

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