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(영문) 춘천지방법원 원주지원 2019.09.05 2019고단664
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 100,000 won.

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

Reasons

Punishment of the crime

1. 경범죄처벌법위반(음주소란) 피고인은 2019. 5. 18. 22:25경 강원 횡성군 B에 있는 ‘C초등학교’ 앞에서 D이 운전하던 아우디 승용차가 피고인의 앞에 정차하자, ‘왜 내 앞길을 막냐’라고 소리를 지르고, 욕설을 하면서 위 아우디 승용차의 앞 범퍼를 걷어찼다.

As a result, the Defendant, in a place where many people gather or frequent, led to a very rough speech or behavior, which makes the surrounding person slick, or who, without any justifiable reason under the influence of alcohol, conveyed it to others.

2. On May 18, 2019, at around 22:45, the Defendant: (a) arrested a flagrant offender from the police officer E, etc. belonging to the Crossing Police Station as a flagrant offender; and (b) moved to the police box located within the 33th place of the Gangwon-do Crossing Police Station to the police box; (c) explained the reasons why he was arrested as a flagrant offender before the said police box, he explained the E that he “the police officer at which he was arrested as a flagrant offender before the said police box was sent to the police station; (d) the flaps, the flaps; (e) the flaps; (e) the flaps; (e) the flaps; and (e) the flabb, the flaps; and (e) the flab, the flab by the police station.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on the occurrence of the case;

1. Application of Acts and subordinate statutes to each investigation report (No. 3 and 7 No. 1)

1. Relevant provisions of the Punishment of Minor Offenses Act and Article 3 (1) 20 of the Punishment of Minor Offenses Act (which means the disturbance of sound addresses and the choice of fines), and Article 136 (1) of the Criminal Act (which means the obstruction of performance of official duties and the choice of imprisonment);

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 (limited to imprisonment);

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

1. The sentencing criteria shall be based on;

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