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(영문) 서울남부지방법원 2020.04.08 2020고단9
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than five months and by a fine not exceeding 300,000 won.

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

Reasons

Punishment of the crime

1. On December 18, 2019, at around 14:30, the Defendant violated the Punishment of Minor Offenses Act: (a) visited with the taxi engineer D while under the influence of alcohol at the office located in the Gangseo-gu Seoul Gangseo Police Station C District Office, Gangseo-gu, Seoul; and (b) took a bath to the police officers working in the relevant place, “Woo kk kk kk,” and “Woo kk,” and (c) notified the police officers working therefor that they would be punished if they would be subject to punishment when they continue to take a bath over several times; (d) even though the police officers working therefor were notified that they would be subject to punishment, they failed to neglect such notification and failed to take a disturbance while being drunk for about 30 minutes from the above global office until 15:00 on the same day.

Accordingly, the defendant, while under the influence of alcohol, conveyed very roughly and sacrickly by a very rough horse at a government office.

2. On December 18, 2019, from around 14:57 to 15:00 on the same day, the Defendant: (a) was asked at the foregoing district office from around 14:57 to around 15:00 on the same day by the police guards E (54) of the police guards working in the said district; (b) was flading the police officers with a large voice, such as “the flabing of the flab,” and “the flabing of the flab,” and flabing the flab into the E face.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of crimes reported by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police statement of E;

1. Written statements of D;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on CCTV-cap photographs and projected video CDs in the obstruction of performance of official duties;

1. Article 136 (1) of the Criminal Act of the relevant Article of the Criminal Act concerning the crime (the point of obstructing performance of official duties, the choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for cancellation at the government office and the selection of fines);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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

1. The Criminal Procedure Act;

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