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(영문) 광주지방법원 순천지원 2018.10.25 2018고단1015
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 600,000 won.

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

Reasons

Punishment of the crime

On May 11, 2018, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution on May 19, 2018, and the above judgment became final and conclusive on May 19, 2018.

1. On May 2, 2018, the Defendant violated the Punishment of Minor Offenses Act: (a) the public official in charge is required to have a copy of the passbook even though he/she attempted to apply for a basic pension under the influence of alcohol to the C Community Self-Governing Center; (b) but, (c) the Defendant “Iei, Ie, Ie, Ie, Ie, and Ie, dead.”

“Abrutous and disturbing act,” while drunk for about 58 minutes in the same day, the C Community Self-Governing Center, which is a public office, led to a riotous and disorderly speech and behavior.

2. The Defendant interfered with the performance of official duties at the same date and time as in the preceding paragraph, and at a place where the public official of the above residents' self-governing center was reported and demanded by the residents' self-governing center to leave the DJE, and the said E, by hand, was at one time.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the handling of reports and the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. G statements;

1. Previous convictions in the judgment: Application of a copy of the judgment (No. 5), and the search (No. 6) of the Supreme Court's Na case;

1. Relevant provisions of the Punishment Act concerning the facts constituting the crime, Article 3 (3) 1 of the Punishment of Minor Offenses Act (the fact that the official document is revoked, the selection of fines), and Article 136 (1) of the Criminal Act (the point that obstructs the performance of official duties, the selection of imprisonment with prison labor);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The criminal records of the defendant on the reason of sentencing under Article 334(1) of the Criminal Procedure Act, in particular, the defendant has the criminal records of imprisonment with prison labor or heavier punishment for the same kind of crime, and the defendant has been tried as a crime of interference with business, and the sentence of each of the crimes of this case is advanced.

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