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(영문) 의정부지방법원 2018.05.30 2018고단986
공무집행방해등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. No one shall make others uneasy, annoyed or offended by the words or actions frightening to go through the Punishment of Minor Offenses without justifiable grounds;

피고인은 2017. 1. 3. 16:40 경 경기 포 천시 B 아파트 315동 1505호 현관 앞에서, 술에 취한 상태로 평소 층 간 소음 문제로 시비가 있었던 피고인의 윗집에 찾아가 약 10 분간 그 집 현관 앞바닥을 쿵쿵 소리가 나도록 발로 내리찍어 몹시 거칠게 겁을 주는 행동으로 그 집에 거주하고 있는 C 등을 불안하게 하였다.

2. The Defendant, who interfered with the performance of official duties, shall open the door under the influence of alcohol at around 17:10 of the date indicated in paragraph 1.

12 reported and sent to the police officer E, who was urged by the police officer E belonging to the Gyeonggi-do Police Station D District Police Station, to file a petition, the police officer was plaled and broken up the police officer’s seat and stop.

As a result, the defendant assaulted police officers, thereby hindering police officers from performing their legitimate duties on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of each statute of F and C written statements;

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3(1)19 of the Punishment of Minor Offenses Act (the point of creating unstables, the choice of fines), and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties and the selection of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of two crimes) shall be aggravated for concurrent crimes;

1. A fine of 2.5 million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., initial crimes, the degree of interference with the performance of official duties, the punishment of victimized police officers, serious reflection, etc.);

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