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(영문) 의정부지방법원 고양지원 2017.12.22 2017고단3154
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. 공무집행 방해 피고인은 2017. 8. 3. 00:50 경 고양 시 일산 서구 중앙로 1640 일산 서부 경찰서 C 사무실에서, 폭행 혐의로 현행범인 체포되어 인치되어 있던 중, 체포 혐의 사실을 조사하기 위하여 피고인에게 인적 사항을 확인하는 일산 동부 경찰서 D 지구대 소속 경사 E의 다리 부분을 발로 수회 걷어찼다.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties by public officials on criminal investigation.

2. Around 02:00 on August 3, 2017, the Defendant insultd the victim by openly insulting the victim G, such as: “At the office of the police station located in Seosan Seo-gu, Busan, as indicated in paragraph (1), and at the F, etc. being investigated into other cases, the victim G, who is affiliated with the said police station, “I have to bit the bitbit of a bit of a bitch, bit of a bit of a bitbit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a mobile phone within

3. The Defendant violated the Punishment of Minor Offenses Act from around 02:00 to around 04:30 on the same day from around 00, 2017 to around 04:30 on the same day, and the Defendant told the police officers working at the time of drinking at the above location, and towards the police officers working at the time, “I am - I am see this son, I am see this son, I am see this son.

In a riotous and disorderly manner, such as carrying out a bath, a riotous and disorderly speech and behavior in a public office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to investigation reports (CCTV video and cellular phone image analysis);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties, selection of punishment by imprisonment), Article 311 of the Criminal Act (Appointment of insult), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the fact of disturbance of public document, the selection of punishment by imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the selection of fines);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

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

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