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(영문) 대전지방법원 서산지원 2015.05.20 2015고단316
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

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

Reasons

Punishment of the crime

1. On April 4, 2015, the Defendant violated the Punishment of Minor Offenses Act: (a) was unable to avoid disturbance due to a heavy voice from the front corridor of the staff room at the Seogsan Police Station located in Seogsan-ro 327, taking the influence of alcohol, following the Defendant’s talking view that “the Defendant was guilty of Chewing flachie, internal flason.”

Accordingly, the defendant, while under the influence of alcohol, had a very rough and disorderly speech and behavior in a public office.

2. On April 4, 2015, around 09:10, the Defendant: (a) expressed that “I wished to pay a taxi fee and return home to a taxi engineer of the taxi on which the Defendant was on board from the head of the Seosan Police Station affiliated with the Seosan Police Station, in front of the Seosan Police Station’s 327, the Defendant assaulted C at one time at his hand, on the hand, the Defendant expressed that “I spice, spice, knife, sprink, knife, and knife is lent,” and that “I am knife, knife, knife, and knife is lent.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to C and D;

1. Relevant Article 3 (3) 1 of the Punishment of Minor Offenses Act and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for the cancellation of the head of a government office, the choice of fines), and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

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 concerning a suspended sentence;

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendation] of the sentencing of Article 334(1) of the same Act shall be taken into account only the lower limit in the case of a violation of the Punishment of Minor Offenses Act for which no sentencing guidelines are set.

[Decision of the Sentence] The defendant takes a bath to the police officer who restrains the defendant from drinking a breath in the influence of alcohol.

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