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(영문) 수원지방법원 안양지원 2017.03.10 2016고단2147
경범죄처벌법위반등
Text

A defendant shall be punished by imprisonment for four months and a fine of one hundred thousand won.

If the defendant fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

1. No person who violates the Punishment of Minor Offenses Act shall see the defense in the way, park, or any other place where many people gather or frequent;

Nevertheless, during the period of Gyeyang-si around December 4, 2016, the defendant 209:25, 09:25, the defendant unloaded the main building C located in the Gu, at the entrance of the first floor of the building C located in the Gu.

2. The Defendant: (a) received 112 reports at the time and place specified in paragraph (1); and (b) committed assault on the body of E and F, such as f where the Defendant she spaws down down the Defendant’s cell phone with two cell phones f face to receive a penalty for the Defendant’s above 1 act of paragraph (1) from the police station D district unit E; and (c) received a demand for a penalty for the Defendant’s aforementioned 1 act from the police station F; and (d) boomed the Defendant’s cell phone on two occasions; and (c) she spaws down the Defendant’s cell phone after he was arrested as a flagrant offender.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 3 (1) 12 (a) of the Punishment of Minor Offenses Act (a violation of the Punishment of Minor Offenses Act) and Article 136 (1) (a violation of the Act on Punishment of Minor Offenses) of the Criminal Act concerning the crime;

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

1. Determination of fines and imprisonment with prison labor for obstructing the execution of official duties against the violation of the Punishment of Minor Offenses Act on the selection of punishment;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - The unfavorable circumstances: The degree of interference with the performance of official duties by two police officers and the degree of interference is not easy. - The favorable circumstances are against the defendant's recognition of all crimes, and there is no criminal record of the same kind.

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