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(영문) 전주지방법원군산지원 2020.12.22 2020고단1024
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

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

Reasons

Punishment of the crime

1. On May 27, 2020, the Defendant of the obstruction of performance of official duties: (a) reported 112 on the street in front of “C” located in the Yasan City B, and requested a police officer belonging to the D Zone of the Yasan Police Station D and/or F to return home from “C,” and (b) the police officer was under the influence of the said police officer to operate the patrol vehicle; (c) the police officer was under the influence of the defect in operating the patrol vehicle; (d) the said police officer was on board the back seat of the patrol while getting off the patrol vehicle; (d) the said police officer was forced to get off the patrol vehicle; and (e) the said police officer was to start the patrol after getting out of the patrol vehicle; and (e) the said police officer’s body was set off to the chief bar of the patrolr, and then obstructed the progress of the said patrol for about 10 minutes by means of expectationing the body.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

2. 경범죄처벌법위반 피고인은 2020. 5. 27. 04:03경 전북 익산시 G에 있는 D지구대 사무실에 술에 취한 상태로 들어와 근무 중인 경장 H 등 경찰관들에게 큰소리로 "어린놈아, 니 아들뻘 있다 개새끼야", "짭새들아 참 좆같다." "애미도 없다 이 씨발놈아, 개새끼야" 등의 욕설을 하여 약 12분간 술에취하여 관공서에서 주취 소란행위를 하였다.

Summary of Evidence

1. The application of the Acts and subordinate statutes to delete the suspect's protocol of interrogation of the police as to the defendant's legal statement H and each police's protocol of interrogation of the police as to H and E, investigation report (Attachment of black boxes and CCTV image data), investigation report (examination related to obstruction of performance of official duties), investigation report (examination related to obstruction of official duties

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

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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