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(영문) 춘천지방법원 영월지원 2017.10.17 2017고단284
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

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

Reasons

Punishment of the crime

1. On July 9, 2017, the Defendant interfered with the performance of official duties, and damaged public goods: (a) on the road in front of the police box located in Gangwon-gun B, the Defendant obstructed the effectiveness of the police officer’s traffic control and interfered with legitimate performance of duties in relation to traffic control and criminal investigation by assaulting the police officer and obstructing the police officer’s legitimate performance of duties in relation to traffic control and criminal investigation.

2. 경범죄 처벌법위반 피고인은 제 1 항 기재 일시 및 장소에서 공무집행 방해 등의 혐의로 현행범 체포되어 위 C 파출소에 인치되자 이 무렵부터 같은 날 22:00 경까지 약 40분 동안 술에 취한 상태에서 큰소리로 “ 개새끼야, 씹할 놈 아, 썅년아, 미친년 아.” 등의 욕설을 계속하여 관공서에서 몹시 거친 말과 행동으로 주정하거나 시끄럽게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on internal investigation;

1. Article 136 (1) and Article 141 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of obstructing the performance of official duties), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing the revocation in official books);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of obstructing the performance of public duties and damaging public goods, and the punishment imposed on the crime of obstructing the performance of public duties heavier than punishment);

1. Determination of a fine for a violation of the Punishment of Minor Offenses Act against a violation of imprisonment with prison labor, and a violation of the Punishment of Minor Offenses Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases 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 suspended execution;

1. The defendant committed each of the crimes in this case for the reason of sentencing of Article 334(1) of the Criminal Procedure Act.

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