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(영문) 수원지방법원 평택지원 2014.11.27 2014고단1535
공무집행방해등
Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. On October 21, 2014, at around 00:30 on the road in Pyeongtaek-si B, the Defendant: (a) while taking a bath in front of the “C convenience store” located in Pyeongtaek-si B, the Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of the instant report by assaulting the said E’s chest to the slope E belonging to the Pyeongtaek-si Police Station D District, which was called upon 112 and sent out after being 112; (b) he pushed the said police officer’s chest by hand; and (c) carried the said convenience store to the above E, by carrying the said E into the above convenience store, and putting the flab “W k k k k k k k k k k, and displayed at that place.”

2. On October 21, 2014, at around 01:00, the Defendant violated the Punishment of Minor Offenses Act: (a) arrested a flagrant offender on the grounds specified in paragraph (1) on the grounds as indicated in paragraph (1) and was transferred to the D District Office located in Pyeongtaek-si G on the ground; (b) spiting the brin on the floor, spiting the brin on the floor, and spiting the brush on the floor, and spiting the brush and scling the very roughly and disorderlyly through very rough words and actions by a police officer E and police officers, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A statement of H, F, and I;

1. 112 of the report of the case, the application of the Acts and subordinate statutes on photographic images by 112 of the report of the case, i.e., rheat photo,

1. Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 3 (3) 1 of the Punishment of Minor Offenses Act concerning facts constituting an offense (the point of disturbing sound addresses);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the crimes of obstruction of performance of official duties among the crimes of obstruction of official duties, and punishment against E of which the nature of the crimes is more serious);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case committed by a police officer, i.e., a dangerous object for sentencing of Article 334(1) of the Criminal Procedure Act, which can be seen as a dangerous object for sentencing of Article 334(1) of the Provisional Payment Order, is inferior to the nature of crime.

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