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(영문) 수원지방법원 안산지원 2016.03.16 2015고단4041
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On November 1, 2015, the Defendant interfered with the performance of official duties in front of the C District District of the C District located in B when lighting around 07:00, the Defendant interfered with the police officer’s legitimate performance of duties concerning the handling of reports by the police officer, by taking the following actions: (a) on the top of the C District of the C District of the C District of the C District of the C District of the C District of the C District of the C District of which he was reported and sent back to the said D, who was able to take a bath for returning to the taxi; (b) he was able to take a bath to the said D; and (c) was discharged from the her mother and her mother being used for the D; and (d) took actions that seem to have been taken

2. The Defendant violated the Punishment of Minor Offenses Act: (a) disregarding the police’s demand for a police officer who gets home without the influence of alcohol at the Cdistrict located in B on November 11, 2015 when lighting around 07:00; (b) disregards the police officer’s demand for returning home; (c) under the influence of alcohol, the Defendant committed a violation of the Punishment of Minor Offenses Act.

Along with approximately 15 minutes of disturbance, such as passing sound, it was difficult to avoid disturbance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Notice of a department related to the report of the 112 case and the C District Office Work;

1. CCTV photographs;

1. Application of Acts and subordinate statutes to a report on investigation ( telephone call of a police officer in the same police agency);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties, choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the fact of disturbance for revocation of the principal and choice of fines) concerning the crime;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Crimes No. 1 (Obstruction of Execution of Official Duties) within the scope of the recommended punishment and the applicable punishment [Scope of Punishment] 50,000 won to 50,000 won - 60,000 won in the basic area (in June through April 1), the basic area (in the case of obstruction of performance of official duties and coercion of duties) 1 types (in the case of obstruction of performance of official duties, from June to April)

2. The age, sex, degree of conduct of disturbance, degree of interference with the execution of official duties, circumstances after the crime, etc., of the defendant's previous convictions that are contrary to the decision of sentence.

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