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(영문) 창원지방법원 2019.01.10 2018고단2736
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and a fine for 600,000 won.

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

Reasons

Punishment of the crime

1. On August 15, 2018, the Defendant violated the Punishment of Minor Offenses Act: (a) at a police box of the Changwon Police Station of the Changwon Police Station of the Changwon-gu, Changwon-si; (b) at around 03:04, a police box of the Changwon-si, which was investigated as an assaulting day of female-child-child job-taking D under the influence of alcohol; and (c) was removed from E in the course of the police box where the police box was kept out of the entrance, and was

The Defendant expressed that “Chewing, Chewing, Chewing, female talks only, and Chewing,” and expressed a great voice to police officers, “I wish to kill, die, Chewing, and Chewing,” and “I wish to do so,” and “I wish to do so.”

As a result, the Defendant, while under the influence of alcohol, brupted by very rough words and conducts at a government office for about 20 minutes.

2. At around 03:24 on the same day as indicated in paragraph (1), the Defendant was arrested as a flagrant offender on the ground of the act stipulated in paragraph (1), and the Defendant assaulted Fbucks of F to the chief of the police box who belongs to the said police box, by threatening that “Pucking, sucking, suckinging, suckinging, sucking, and sucking,” and by walking at F’s bucks twice.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in flagrant offenders and investigation of the case.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning G and F;

1. The circumstantial statement of the offender;

1. Application of the Acts and subordinate statutes concerning field photographs and CCTV video-recording photographs;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties, choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of column of cancellation at government offices and choice of fines);

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) of the Criminal Act for the detention of a workhouse;

1. Suspension of execution is Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).

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