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(영문) 의정부지방법원 2018.07.13 2018고단1745
경범죄처벌법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 31, 2018, the Defendant violated the Punishment of Minor Offenses Act: (a) 01:05 on the street in the vicinity of “C cafeteria” located in Macheon-si B; (b) Docing the c cafeteria with a large voice without any justifiable reason, and (c) opened the door of the parked vehicle and take a bath to the drivers in that vehicle, thereby, the Defendant drinking the act of disturbing drinking.

2. The Defendant interfered with the performance of official duties, at the time and place specified in paragraph 1, and at the police station D police officers belonging to the police station of 112 reported and tried to arrest the Defendant as a flagrant offender and to board the Defendant at the patrol force once, and assaulting the Defendant at the time and at the same time, the Defendant obstructed the maintenance of order and the lawful performance of official duties in relation to the police officer’s arrest of a flagrant offender.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report internal investigation (the counter investigation of a reporter 112) and investigation reports (to hear statements from a victim's telephone and confirm damage status);

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3(1)20 (a) of the Punishment of Minor Offenses Act (a point of disturbing drinking), Article 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, and the choice of fines, respectively, for the crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of two crimes) shall be aggravated for concurrent crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is a criminal record of a fine for the crime of assault against a defendant for the reason of sentencing, and there is a need to strictly punish the crime of obstructing the performance of official duties in order to establish the State’s legal order and eradicate the light of public authority. However, the punishment as ordered in the Disposition is determined by comprehensively taking account of the following: (a) the confession of the defendant; (b) the police officer E sought the preference of the defendant; (c) the age, sexual conduct, environment; (d) the motive, means, and consequence of the crime; and (c) other various circumstances that are conditions for sentencing

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