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(영문) 서울남부지방법원 2018.01.09 2017고단5063
공무집행방해등
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. Anyone who violates the Punishment of Minor Offenses Act shall be prohibited from spiting or spiting on streets, parks or other places where many people gather or frequent without permission;

Nevertheless, at around 01:35 on October 8, 2017, the Defendant spited tobacco twice on the way in which many people gather or frequent. 2. The Defendant interfered with the performance of official duties, at the time and place indicated in paragraph 1, and at the time and place, when the police officer D belonging to the Seoul Gangnam Police Station C District, controlled the Defendant as a light crime, and requested the Defendant to present an identification card three times, and refused to present an identification card, and when the Defendant was arrested as a current offender from D, the Defendant spited D’s flab, “I few few few few few few.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in the suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant provisions of the Act on Criminal facts and Article 3 (1) 12 of the Punishment of Minor Offenses Act (Optional to the punishment), Article 136 (1) of the Criminal Act (Optional to the punishment) / [Selection of the punishment in the course of resisting the arrest of flagrant offenders, and the punishment shall be selected by a fine in consideration of the fact that the degree of assault was not serious;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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