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(영문) 서울서부지방법원 2018.01.24 2017고단3558
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding three hundred thousand won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On May 14, 2017, the Defendant interfered with the performance of official duties, around 01:40, caused noise by leaving the floor of the living room on the ground that the low-income residents living in the Defendant’s residential premises located in Mapo-gu Seoul apartment No. 101 Dong 1008, which had not been spaced due to noise between ordinary places of view, and thereby, caused noise by leaving the floor of the living room, and accordingly, the Defendant was asked from the slopeD affiliated with the Seoul Mapo-gu Police Station C of the Seoul Mapo-gu Police Station that was dispatched after receiving the 112 report, and she displayed the drinking bar on his hand, “I see it as you want, I see it, and she saw it as you see, I saw it as you see, I saw it.”

As a result, the defendant assaulted the above D and E, thereby hindering police officers from performing their legitimate duties concerning criminal investigations.

2. Around 03:00 on May 14, 2017, the Defendant: (a) under the influence of alcohol, was arrested in a flagrant offender for the same reason as indicated in paragraph 1 at the 2nd security center located in Mapo-gu Seoul Mapo-gu, Seoul, on the grounds that the Defendant was committing a violation of the Punishment of Minor Offenses Act; (b) “A police officer at the place where he was under the influence of alcohol” called “a breath, bit of bitched bitch, fluor, fluor, fluor, fluor of bitch, fluor, and Chewing fluor of bitch.”

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of obstructing the performance of official duties) of the same Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor for a violation of the Punishment of Minor Offenses Act, and selection of fines for a violation of the Punishment of Minor Offenses Act;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of 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 (with respect to imprisonment, one’s own.

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