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(영문) 인천지방법원 2016.09.22 2016고단3775
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. Interference with performing public duties;

A. On March 30, 2016, the Defendant, prior to D department stores in Namdong-gu Incheon Metropolitan City, Seoul, on March 30, 2016, he/she should not engage in a street-based business from D’s public officials E and F under his/her jurisdiction, who sold the ground bed.

The phrase “I would keep down if you do not frighten,” saying I would see the horses, “I would am knit down in a knife knife, night-ro, down in a way of leaving, you am string.” By threatening public officials, I interfere with the legitimate execution of duties concerning the crackdown on the occupation of public officials.

B. On March 30, 2016, around 16:30, the Defendant: (a) resisted the fact that he was subject to control as prescribed in the foregoing paragraph (a) at the office of the Nam-gu Incheon Metropolitan City E-dong Office located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; (b) provided a public official F with a favorable desire; and (c) assaulted the F’s body by pushing the F with his body, thereby hindering the public official’s legitimate performance of duties.

2. The Defendant violated the Punishment of Minor Offenses Act from March 31, 2016 to around 50 minutes from around 08:0 on March 31, 2016, calling for a public official F to be subject to the same paragraph as paragraph 1(a), while under the influence of alcohol at the south-dong Office E-gu Incheon Metropolitan City Office, Nam-gu, Incheon, and at the same time, he was under the influence of alcohol.

“I have left in a loud voice.”

Defendant 1, while under the influence of alcohol, had a very rough and disorderly speech and behavior at a government office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Do image closure photographs;

1. Application of CD-related Acts and subordinate statutes

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for cancellation of orders within official books, and 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. 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. Obstructing the execution of official duties in the sentencing of Article 334(1) of the Criminal Procedure Act is a public authority.

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