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(영문) 광주지방법원 목포지원 2020.06.26 2019고단1098
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. 경범죄처벌법위반 피고인은 2019. 8. 20. 23:20경 목포시 B에 있는 목포경찰서 C파출소에서, 택시기사에게 행패를 부린 문제로 위 파출소에 찾아와 라이터를 쥔 주먹으로 테이블을 힘껏 내리치고 “야 씹할 놈들아, 이 씹할 놈들아”라고 큰소리로 욕설을 하는 등 술에 취한 채로 몹시 거친 말과 행동으로 관공서에서 소란을 피웠다.

2. On August 20, 2019, the Defendant: (a) was arrested as a flagrant offender on the grounds of disturbance at the above police box on August 23:42, 2019; (b) the Defendant spit down the bucks of the police box affiliated with the above police box, who was on probation of the Defendant, one time again; and (c) the bucks of D’s bucks that “this bucks are bucked,” and embucked down the floor or the public.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Application of the Acts and subordinate statutes to the CCTV video CDs and caps;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing the head of a government office and the selection of fines

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 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 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. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of type] The obstruction of the performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and recommendation] There is no person [the person who is a special person] (the scope of the recommended area and recommendation] basic area, six months to one year and six months [the person who is a general person] [the grounds for suspension of execution of punishment] - Major illegal reasons: the suspension of execution within five years from the same kind of criminal records and the same offense

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