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(영문) 수원지방법원 2015.12.30 2015고단5341
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

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

Reasons

Punishment of the crime

1. On October 20, 2015, the Defendant engaged in obstruction of performance of official duties: (a) around 04:05, the Defendant committed assault, such as: (b) during the patrol, who was under the influence of alcohol on the road in front of the Hansi-si Water Zone B; (c) who was required to move from the police officer D and E, to a safe place; (d) who was in the patrol, was fluored with E’s breath, which was a police breath; and (e) who was fluored with E’s breath; and (e) the police breath, which was flad with the police breath, f

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention of crime and traffic hazards.

2. On October 20, 2015, the Defendant violated the Punishment of Minor Offenses Act, from around 04:15 to around 04:45, the Defendant, while under the influence of alcohol, conveyed or sprinked by very rough and visual words and actions at a public office, by using a malicious music, such as “chronchine”, “a scrupted baby”, “a scrupted baby,” and a large voice, etc., to police officers working in the Kanman-si area F, namely, “a scrupted baby,” and scrupted or scrupted at a public office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of damage, field pictures (CCTV inside the C District);

1. Relevant provisions of Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties), and Article 3 (3) 1 of the Punishment of Minor Offenses Act concerning facts constituting the crime (the point of obstructing official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine for a violation of the Punishment of Minor Offenses Act on the crime of obstructing the performance of official duties on the option of punishment;

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. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order [Scope of recommendations for crimes of obstruction of performance of official duties] The basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (amended by June to 1 year) / The defendant is drunk.

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