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(영문) 서울중앙지방법원 2019.08.29 2019고단2930
공무집행방해등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 8, 2019, the Defendant expressed at the “C” station located in Gangnam-gu Seoul, Seoul, that “C” (hereinafter “C”) 112 telephone report, and attempted to refrain from committing an excessive act from the E police officer and the F police officer assigned to the Gangnam Police Station D police box affiliated with the Gangnam Police Station D police box called “Seoul,” and tried to keep the police officer the police officer’s words “to go off, to go off, to go off, to go off, to go off, to go off,” and assaulted the face of the above E with one drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 telephone reporting cases.

2. On April 8, 2019, the Defendant violated the Punishment of Minor Offenses Act: (a) around 23:00, at a police box located in Gangnam-gu Seoul Metropolitan Government G, the Defendant was arrested and waiting as a flagrant offender under the suspicion of obstruction of performance of official duties, such as F curriculum, etc., in the state of being drunk, and was bread by the police officers, such as “Is off, cut off, cut off, cut off, cut off, cut off, cut off, etc.”; (b) the Defendant spit, spit, spit, etc. on the floor, and dumped on the floor for about 55 minutes.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbance of revocation), and the choice of fines, respectively;

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. In light of the background, process, means and method of the instant crime, the Defendant’s act before and after the instant crime, etc., known by the record as to the assertion of mental and physical disability under Article 334(1) of the Criminal Procedure Act, it is recognized that the Defendant was in a drunken state at the time of the instant crime, but the right and wrong can be changed accordingly.

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