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(영문) 서울동부지방법원 2019.07.25 2019고단1968
공무집행방해등
Text

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

However, the above imprisonment for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 4, 2019, the obstruction of performance of official duties and the Defendant: (a) around 23:20 on June 4, 2019, the Songpa-gu Seoul building C Dong 15th floor corridor; (b) “D Zone E belonging to the Seoul Songpa Police Station D District, which was called upon 112, and the victim F, who was a patrolman, attempted to go back to E with the Defendant’s hand by suffering from a defect; (c) the f, as a consequence of the defect to be prevented, walking the F’s growth; and (d) two staff members of private security enterprises such as G, etc., the Defendant saw F to “the f, f, f, f, f, f, f, f, f, f, f, f,” and “the f, f, f, f, f, f, f, f, f., g., f.

Accordingly, the Defendant assaulted police officers who perform legitimate duties on the handling of 112 reported cases, thereby hindering the performance of official duties, and openly insulting the victim.

2. On June 4, 2019, the Defendant violated the Punishment of Minor Offenses Act: (a) was arrested as a flagrant offender under the same suspicion as the above paragraph (1) and was transferred to the D District of the Seoul Songpa-gu Seoul Songpa-gu Seoul Metropolitan Government District; (b) was under the influence of alcohol, it was difficult for the Defendant to have avoided disturbance for about 30 minutes, such as “heat, sprink, sprink, and sprink,” “I live only,” and “I flue, fluor, fluor, fluor, fluor,” and “I fluor, fluor, fluor, fluor, fluor, f

Accordingly, the defendant, while drunk, breathed by very rough and disorderly words at a police station box, which is a public office.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A complaint;

1. Application of Acts and subordinate statutes to report on investigation (report on portable booms and viewing of smartphone images);

1. Article 136 (1) of the Criminal Act, Article 311 of the Criminal Act, and Article 3 (3) 1 of the Punishment of Minor Offenses Act concerning facts constituting an offense (a point of the disturbance of performance of official duties) of the relevant Act;

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

1. As to the crime of violation of the Punishment of Minor Offenses Act, the option of punishment shall be punished by a fine, and as to the remaining crimes, by imprisonment; and

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