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(영문) 전주지방법원 군산지원 2020.01.08 2019고단996
경범죄처벌법위반등
Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 500,000 won.

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

Reasons

Punishment of the crime

On July 10, 2019, around 2:25, 2019, the Defendant: (a) received 112 reports from the taxi engineers and the police officers dispatched after receiving 112 reports; and (b) took protective measures to be taken as the zone D of the Dosan Police Station located in the Hasan-si C.

1. From 2:40 on July 10, 2019 to 4:20 on July 10, 2019, the Defendant violated the Punishment of Minor Offenses Act: (a) from a police officer who asks for personal information in the said D District, he saw that the police officer “at the night, frings, frings, frings, and frings. inside.” No need exists to do so; (b) the Defendant saw the Defendant as the “fringing fring fring fring fring fring fring fat,” and intending to go on the books in front of fring fring fring fring fring fring fing

2. 공무집행방해 피고인은 2019. 7. 10. 4:28경 위와 같이 관공서에서 소란행위를 한 다음 지구대 밖으로 나가려다가 위 D지구대 소속 경위 E으로부터 제지당하자 화가 나, 열쇠를 쥔 오른손 주먹으로 경위 E의 왼쪽 얼굴 부위를 1대 때리고, 이에 위 지구대 소속 순경 F이 현행범인 체포하려 하자 위 F의 왼쪽 눈 부위와 가슴부위를 발로 차 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to police officers, such as a statement in the circumstances of a junish, and Fmanics;

1. Article 3 (3) 1 of the relevant Act on the Punishment of Minor Offenses and Article 136 (1) of the Criminal Act concerning facts constituting an offense (the point of the disturbance of the head of a government office) and Article 136 (1) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for the crimes of obstruction of performance of official duties against each other, and the punishment against F with heavier punishment);

1. Determination of a fine for a violation of the Punishment of Minor Offenses Act, and the choice of imprisonment for the obstruction of performance of official duties

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Act, the suspension of execution;

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