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(영문) 서울중앙지방법원 2019.09.25 2018고단3894
공무집행방해등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 6, 2018, the Defendant was sentenced to five months of imprisonment with prison labor and two years of suspended execution at the Seoul Southern District Court on February 6, 2018 and the judgment became final and conclusive on January 25, 2019.

1. No person shall cause a person in violation of the Punishment of Minor Offenses Act to live in the surroundings by uttering or doing rough words or conducts at a place where many people gather or frequent, or alcoholic beverages to another person without good cause under the influence of alcohol;

Nevertheless, at around 16:00 on April 12, 2018, the Defendant, at the crosswalk in front of Jongno-gu Seoul Metropolitan Government, made a alcohol to other persons by repeating a bath for the drunks who are under the influence of alcohol on a large level.

2. On April 12, 2018, the Defendant, at the same place as the preceding paragraph on April 16:15, 2018, received 112 reports and received inquiries from C police officers belonging to the Sejong Police Station, who were asked questions about the circumstances of the instant case, and took a bath to police officers and their surrounding citizens, and refused to ask questions from C on personal information.

The defendant, who was notified of the arrest of a flagrant offender from the above C due to the violation of the Punishment of Minor Offenses Act, was able to look at C’s breath by hand, and his face was taken as a drinking.

In addition, in the process of arrest, rubber string, which is attached to the rear seat door, was removed, and damaged so that the repair cost on the market value is unfashed by cutting down the back seat string in drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers in relation to the handling of reports and criminal investigations, and damaged things used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant statutory provisions Article 3(1)20 (a) of the Punishment of Minor Offenses Act, Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and the choice of fines for each crime;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;

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