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(영문) 광주지방법원 해남지원 2017.09.07 2017고단236
경범죄처벌법위반등
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

[criminal history] On June 11, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a preliminary crime against the present state building and fire in the Southern Branch of the Gwangju District Court, and on October 13, 2015, the Defendant completed the execution of the sentence in the Jung Eup prison.

[Criminal facts]

1. The Defendant, who violated the Punishment of Minor Offenses Act on April 7, 2017, found the Defendant under the influence of alcohol at the D police box of the coast guard station located in the Southernnam-gun C around April 7, 2017, and raised a complaint against the payment of the fine due to the violation of the Punishment of Minor Offenses Act, and “Ipk who did not observe the fine.”

The snow sub-fluora.

Dr. Dr. B. B. H. H. H. H. H. H. H. H. H. H. 20 parts of the disturbance had been avoided.

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

2. Around 02:20 on the same day, the Defendant: (a) during the arrest of a flagrant offender as stated in paragraph (1) in front of the building at the headquarters of the Southern Police Station located in the Namnam-do, South Korea; and (b) during the movement of the Defendant for investigation, the Defendant was able to wear the shoulder of E during the process of carrying the Defendant, who was escorted.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the suppression of police officers' crimes and criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. CCTV video CDs related to interference with the performance of public duties;

1. Each report on investigation;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, (A), investigation report (verification of the period of repeated crime and report on attachment of the same military record), personal confinement status, sentence and summary order to the Acts and subordinate statutes;

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of obstructing the performance of official duties, the point of obstructing the performance of official duties, the choice of fines) against the crime, and Article 136 (1) of the Criminal Act (the selection of imprisonment, etc.);

1. Article 35 of the Criminal Act for aggravated repeated crimes (with respect to a violation of the performance of official duties);

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

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

1. The order of provisional payment;

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