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(영문) 광주지방법원 순천지원 2018.10.11 2018고단859
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 600,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Minor Offenses Act: (a) around April 12, 2018, on the grounds that the Defendant, who was aboard a police box of the female police station C, located in B, was able to serve as a guest on the police box of the female police station C on April 12, 2018, was able to continue to serve in the influence of alcohol.

Defendant sent a taxi driver on the ground that he returned to the police officer who belongs to the above police box, but that he sent the taxi driver;

Along with the desire of the public office, the public office made a very rough speech and behavior in a very rough manner while drunkly under the influence of alcohol, such as Chewing, string, vibing, hinging, and hinginginging, hinging, and hinginginginging, hinging, and hinginging.

2. On April 12, 2018, around 02:05, the Defendant: (a) arrested a flagrant offender for the foregoing reason in front of the police box, and boarded the victim D (35) who is a public official belonging to the police box affiliated with the above police box, on board the patrol police station to hand over a new soldier to the said police station; (b) obstructed the legitimate performance of duties concerning the escort of the police officer for the said police officer, and at the same time, she spaceded the victim with approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on internal investigation:

1. According to the judgment on the Defendant’s assertion in the medical certificate, it is recognized that the Defendant was under the influence of alcohol at the time of committing the instant crime, but it does not seem that the Defendant had reached a mental and physical condition due to the fact in light of various circumstances recognized by the evidence above.

Therefore, the defendant's assertion that seems to be the mental disorder is rejected.

Application of Statutes

1. Article 3 (3) 1 of the Punishment of Minor Offenses Act (the main text of the Punishment of Minor Offenses Act), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning the crime;

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

1. Punishment;

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