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(영문) 수원지방법원 평택지원 2018.11.30 2018고단1033
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 June 7, 2018, the Defendant violated the Punishment of Minor Offenses Act: (a) under the influence of alcohol in the C District located in Pyeongtaek-si B, and continuously went inside and outside the District; (b) the Defendant was under the influence of alcohol in the C District located in Pyeongtaek-si B; and (c) the Defendant was under the influence of the flab of the fbbb.

좆같은 씨 발 놈, 이 또라이 새끼야, 씨 발 놈들 아, 내가 뭘 잘못했는데 ”라고 욕설을 하여 약 15분 동안 술에 취한 채로 관공서에서 몹시 거친 말과 행동으로 주정하고 시끄럽게 하였다.

2. Around 21:37 on the same day as Paragraph 1, the Defendant: (a) 21:37 on the same day; (b) she was urged to return home from Category D to a police officer who belongs to the Category C; and (c) her chest was assaulted by both descendants once.

Accordingly, the defendant interfered with the legitimate performance of duties concerning the police officer's civil petition guidance and protection duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the main sentence;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, option of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for cancellation of official duties, selection of fines) concerning criminal facts;

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

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

1. Article 62 (1) and (2) of the Criminal Act (with respect to imprisonment, taking into account the following favorable circumstances):

1. The community service order under Article 62-2 of the Criminal Act;

1. In light of the fact that a police officer under legitimate execution of his/her duties with the reason of sentencing under Article 334(1) of the Criminal Procedure Act exercises violence against a police officer under legitimate execution of his/her duties, avoiding disturbance at the government office under the influence of alcohol, and there are several criminal records of criminal punishment for violent crimes, the liability for the crime is not easy, but is recognized as erroneous, and there is no record of criminal punishment exceeding a fine since 2008, and there is no record of criminal punishment exceeding a fine since 2008, the Defendant’s age, sex, environment, circumstances leading to the crime, etc. shall be comprehensively taken into account.

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