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(영문) 인천지방법원 2020.05.18 2020고단748
공무집행방해등
Text

A defendant shall be punished by imprisonment for a term of six months and a fine of one hundred thousand won.

When the accused does not pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Any person who violates the Punishment of Minor Offenses Act shall be prohibited from standing in a riotous or disorderly manner by utteringous words or conducts, at a place where many people gather or frequent, or from drinking in a riotous manner;

On January 10, 2020, at around 05:17, the Defendant reported 112 that “no loss shall occur under the influence of alcohol” from the back seat of the taxi in Michuhol-gu Incheon, and sent to the site after having received a report, the Defendant 12, so that the horse-to-face D, etc., sent to the site, ske the Defendant, cut off the road on a shoulderer, cut off the road on his own, prevented the police officer from driving, and talking with the view that “the police officer is dead.................................., the Defendant, while walking away from the taxi, the Defendant sing away from the taxi, sing off the surrounding horse by doing so repeatedly through very rough words and actions, and, under the influence of alcohol, sing others without any justifiable reasons.

2. The Defendant was arrested as a flagrant offender committing a crime of violating the Punishment of Minor Offenses Act on the occasions and place of the obstruction of performance of official duties as mentioned above by the police officer of the Incheon Michuhol Police Station E-gu, Incheon.

The defendant refused to arrest a flagrant offender and committed assaulting D's face and clothes in several times due to the defect that D et al., in order to get the defendant's arms and legs to move to the patrol lane by taking the defendant's arms and legs.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to a caps of a Baduk cinematographic image;

1. Relevant provisions of the Criminal Act, the choice of punishment, Article 136 (1) of the Criminal Act (Obstruction of Performance of Official Duties, Selection of Imprisonment), Articles 3 (1) and 20 of the Punishment of Minor Offenses Act;

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

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;

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