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(영문) 수원지방법원 2020.09.24 2020고단94
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant, at around 00:40 on September 14, 2019, was under the influence of alcohol in front of the “C convenience store” located in Suwon-si B, Suwon-si, the Defendant assaulted the Defendant by the police officer D belonging to the Gyeonggi Military Police Station, who received 112 reports from the Defendant and sent to the Defendant, for whom the 112 report was sent.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports by police officers and the maintenance of public order.

2. The Defendant violated the Punishment of Minor Offenses Act, at the time, at the above time, and at the above place, exposed to his sexual flag and her mack, off from the police officer D’s words “proving identification cards,” while hearing the horses, E, etc.

As a result, the Defendant exposed a major part of the body, such as her butt, etc., at an open place, and embarrasses or displeasure to others.

3. Any foreigner staying in Korea in violation of the Immigration Control Act shall carry at all times his/her passport, seaman¡¯s identity document, foreigner registration certificate or landing permit

Nevertheless, the defendant did not carry a passport at the above date and place, and did not comply with the police officer D's request for presentation of a passport.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. On-site photographs, flag photographs of violence D, and flag photographs of CCTV for crime prevention;

1. Application of Acts and subordinate statutes on accusation to immigration offenders;

1. Relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties, the choice of fines), Article 98 subparagraph 1 of the Immigration Control Act, Article 27 (1) of the Immigration Control Act, Article 3 (1) 33 of the Punishment of Minor Offenses Act (the point of excessive exposure) concerning the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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