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(영문) 서울중앙지방법원 2020.03.18 2019고단8091
공무집행방해등
Text

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

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

1. On September 20, 2019, the Defendant, while drunkd in Seocho-gu Seoul, Seocho-gu, Seoul, 2019, the Defendant: (a) and reported 112 to the male-child Gu without any justifiable reason; (b) and sent to the site, the Defendant: (c) 112 of the police box of Seoul Seocho-gu, Seocho-gu, Seoul, Police Station: (d) carried the body part of D, who was a policeman assigned to the police box of Seoul Seocho-gu, Police Station, sent back to the site by hand, was tightly pushed the police boom, who was suffering from the said D, and was able to boom the said D by hand.

Accordingly, the defendant assaulted the above D and interfered with legitimate performance of official duties concerning prevention, suppression and investigation of the above police officer's crime, and protection of the lives, bodies, and property of the people.

2. On September 20, 2019, the Defendant violated the Punishment of Minor Offenses Act: (a) arrested a flagrant offender on the same grounds as indicated in paragraph (1) on September 20, 2019; and (b) transferred the flagrant offender to a police box located in Seocho-gu Seoul, Seocho-gu, Seoul; (c) spit the spite on the floor of the above police box; and (d) spit the spite, s

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

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of D police statement;

1. Reporting on investigation (related to perusal of CCTVs);

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the motion picture of a police officer from a police station to a motion picture and motion picture at a government office);

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

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act: Crimes related to the obstruction of performance of official duties relating to the execution of official duties are the function of the State by nullifying the legitimate exercise of public authority.

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