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(영문) 수원지방법원 2016.03.23 2015고단4882
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 2, 2015, the Defendant was unable to avoid a disturbance under the influence of alcohol, such as passing sound on the top of the platform at C church located in B in the 22:50 on October 2, 2015.

However, while the police officer E, who was dispatched after receiving a report, tried to confirm the identity of the defendant and to take measures for returning home after confirming the identity of the defendant, the defendant continued to take such measures without complying with the request.

Ultimately, the above E issued a penalty payment notification to the Defendant due to the violation of the Punishment of Minor Offenses Act (Disturbance of Drinking), and the Defendant expressed the above E as “I am shot, bottled, and night-time,” and acted as if I am her walked with a penalty payment notification on the face of the police box affiliated with the same police box called “F.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the issuance of penalty payment notification.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes of the I;

1. Relevant Article 136 (1) of the Criminal Act (Interference with the performance of official duties) and the selection of fines for each crime (including the fact that the defendant committed the crime of this case by contingency under the influence of alcohol, and the fact that the defendant is against the law, etc.);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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