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(영문) 의정부지방법원 2018.11.29 2018고단4189
경범죄처벌법위반등
Text

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of ten million won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. No person who violates the Punishment of Minor Offenses Act shall be allowed to put in the surroundings in a riotous or disorderly manner by uttering or doing rough words or conducts, or to compel other persons without justifiable reasons under the influence of alcohol, at a place where many people gather or frequent, such as a public hall, theater, restaurant, etc., or on a train, motor vehicle, ship, etc. on which many people are aboard;

On August 13, 2018, the Defendant: (a) around 21:00, at the front of the route C in Spocheon-si B, the Defendant 1: (b) was frightened by several people, with a very rough and disorderly speech and behavior around 15 minutes, including, but not limited to, drinking, drinking, drinking, and drinking, continuing to sound even after being called to the site by the police officer; and (c) conveyed to another person without good cause.

2. Around August 13, 2018, the Defendant: (a) expressed the victim E, a policeman affiliated with the 1112 police station D police station, who received a report, repeatedly expressed the victim E, who is a police officer affiliated with the 112 police station, with the victim’s face, and repeatedly expressed the victim’s chest part of the victim’s chest one time; (b) sealed the victim’s chest part on two occasions by hand; (c) write down the part of the victim’s chest part of the victim’s finger on two occasions; and (d) sealed the victim’s face on the shoulder of the victim, and pushed the victim’s face toward the victim’s face.

Accordingly, the defendant openly insultingd the victim, and interfered with the police officer's legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3(1)20 of the Punishment of Minor Offenses Act (the point of disturbing and taking actions, the selection of fines), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment with prison labor), Article 311 of the Criminal Act (the point of insult, and the choice of imprisonment with prison labor) concerning the crime;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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