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(영문) 서울남부지방법원 2016.05.13 2016고단647
위계공무집행방해등
Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant in violation of the Punishment of Minor Offenses Act was found to be under the influence of alcohol at the Yangcheon Police Station C box located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul from January 7, 2016 to October 04:10 of the same day, and on how much the police officers working there are taxes;

b) whether it is greater than b)

The voice "Woo kb", while sobing the disturbance, and blicked by the horses and actions through the government offices, such as lying on the entrance in front of the entrance of the area, and flicked by the horses and actions through the government offices.

2. On January 7, 2016, the Defendant interfered with the performance of a deceptive scheme’s official duties at the “E” restaurant located in Yangcheon-gu Seoul Metropolitan Government, and even if there was no employee required to take protective measures, the Defendant is a restaurant by call to the 112 comprehensive situation room of the Seoul Local Police Agency, despite that there was no employee required to take protective measures.

“A false report was made to the effect that it was true, and the police officer, F, etc., of the Seoul Yangcheon Police Station C police box affiliated with the Seoul Yangcheon Police Station C police box sent out to the above site, thereby hindering the police officer from performing his legitimate duties in relation to protective measures by deceptive means.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes of notification to the 112 Reporting Department;

1. Article 137 of the Criminal Act (the interference with the execution of official duties by deceptive means, the choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the Prosecutor charged with the crime of Article 3 (1) of the Punishment of Minor Offenses Act by applying Article 3 (2) 3 of the Punishment of Minor Offenses Act to the crime of Article 3 (1) of the Punishment of Minor Offenses Act, but it appears that it is erroneous in light of the facts stated in the indictment.

(2) If the action is taken against the State or the State or the State or the State or the State or the State

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is not set in the sentencing guidelines. The offense of violation of the Punishment of Minor Offenses Act is not set.

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