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(영문) 울산지방법원 2016.06.24 2016고단1321
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.

When the defendant does not pay a fine, 50,000 won.

Reasons

Punishment of the crime

1. On January 3, 2016, the Defendant obstructed the performance of official duties, following the building “C” located in the Busan Eastdong-gu, Busan, about 00:10, and attempted to open the window of the C toilet at the parking lot, while under the influence of alcohol, was discovered to C business owners, and went away from the lower parking lot of the building, and was hiding into the front boarding car parked therein.

112 신고를 받고 출동한 동래 경찰서 D 지구대 소속 경장 E으로부터 차량 소유자가 맞는지 등에 대한 질문을 받자, 피고인은 E에게 욕설을 하고 발로 E의 오른쪽 정강이 부분을 수회 걷어차고, 피고인을 제지하는 같은 지구대 소속 순경 F에게 욕설을 하면서 발로 F의 양쪽 다리를 2회 걷어찼다.

The Defendant, while carrying out a serious bath within the patrol zone located in the zone located in the Dong-gu, Busan Metropolitan City, spiting off H’s face even after having arrived at the D zone. Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers in relation to the notification of 112 and crime control.

2. The Defendant, in violation of the Punishment of Minor Offenses Act from January 3, 2016 to 04:00 on the same day, was drunk in the D District pursuant to paragraph (1) from around 01:0 to around 04:00 of the same day, the Defendant spit the spiting of the earth by taking advantage of the police officers working therein so as not to be able to bring in the earth.

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 by the defendant in court;

1. Each police statement made to I, J, E, and H;

1. The K's statement;

1. Application of Acts and subordinate statutes governing crimes;

1. Obstruction of the performance of official duties in relation to the facts constituting an offense: For the purpose of Article 136 (1) of the Criminal Act, revocation of a week at the government office: Article 3 (3) 1 of the Punishment of Minor Offenses Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (E as to interference with the performance of official duties to E and interference with F with the performance of official duties, and as to E with the heavier offense.

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