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(영문) 서울남부지방법원 2016.12.02 2016고단4747
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 September 13, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) around 21:17, at the Seoul Gangseo-gu Seoul Gangseo-gu Seoul Metropolitan Police Station C District on September 13, 2016, the Defendant, while under the influence of alcohol on the grounds that the police officers belonging to the said district are in a fluorous response, led to a very rough and disorderly speech and behavior at the police station, which is a public office, for about 25 minutes, by passing through a very rough voice, such as “the fluort, b.8 years, the f., the f.s., the f., the f.s., the f.,

2. On September 13, 2016, the Defendant: (a) on the 22:26th day of the 2016 border; (b) the Defendant: (c) arrested a flagrant offender on suspicion of the charge from the lapsing of the said lab; and (d) upon the arrest of a flagrant offender at the public office, he expressed that the said lab “I will go to the end of the opening lab and singing lab;” and (c) obstructed the Defendant’s legitimate execution of duties concerning the arrest of the said lab offender on the left side of the said lab with the upper left part of the lab.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement of E;

1. The circumstantial statement of the offender;

1. Details of 112 reported cases;

1. Photographs taken to drink alcohol;

1. A photograph of a CCTV recording image to be cut;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties, choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation at the tourist, and choice of fines);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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

1. 양형기준에 따른 권고형의 범위 [유형의 결정] 공무집행방해 > 공무집행방해 > 제1유형(공무집행방해/직무강요) [권고영역의 결정] 기본영역 [권고형의 범위] 6월 ~ 1년 4월 ☞ 위 공무집행방해죄는 양형기준이...

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