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(영문) 춘천지방법원 원주지원 2016.10.31 2016고단848
경범죄처벌법위반등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

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

Reasons

Punishment of the crime

1. On August 7, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) from around 22:20 on August 7, 2016 to around 23:17 the same day, under the influence of alcohol on the roads front of the Dju point located in C, one of which is, without any reason, engaged in a disturbance of drinking in such a way as to make it difficult for neighboring merchants without any reason; and (b) continue to sit down on the road and interfere with the passage of surrounding vehicles.

2. On August 7, 2016, around 23:17, the Defendant: (a) committed an act of obstruction of performance of official duties with a view to understanding the circumstances of the instant case and having taken place by the police officer F, etc. belonging to the Kunju Police Station E District, who was called out after having received a report of 112 at the places indicated in the foregoing paragraph (1); (b) stated that “I am, spice,” and assaulted the police officer with the wheels of having the F’s left part.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases and suppression of crimes by police officers.

3. The Defendant: (a) was arrested as a flagrant offender for the foregoing reasons at the time, time, and at the place specified in the foregoing paragraph (2) above; (b) discovered rubber fastening attached to the lower part of the G patrol group, which was used by Police Officers F, etc. to the Defendant, by carrying the Defendant on the back seat of the G patrol group E zone at the original police station; and (c) discovered rubber fastening attached to the lower part of the patrol group.

Accordingly, the Defendant damaged the above patrol vehicles used by public offices to be in excess of the amount of repair expense.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each report on investigation;

1. A list of reported cases, such as violation of the Punishment of Minor Offenses Act, reporting on the occurrence and arrest of a suspected crime, and handling of reported cases, 112;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act, the choice of punishment for the crime (the point of obstructing performance of official duties, the choice of imprisonment), Article 141 (1) (the point of damaging public goods, the choice of imprisonment), Article 3 (1) 20 (the point of disturbing sound addresses and the choice of fines) of the Punishment of Minor Offenses Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

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:

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