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(영문) 대전지방법원 2020.01.30 2019고단4458
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Punishment of Minor Offenses Act (referring to disturbance, etc. in a riotous or disorderly manner by doing rough words or conducts, at a place, etc. where many people gather or frequent, or spirits to another person without good cause under the influence of alcohol;

On October 3, 2019, the Defendant, at the center of subway station in the mid-gu, Daejeon around 20:00, 145, under the influence of alcohol in the center of the subway station in the middle-gu, Daejeon, without any justifiable reason, has a sound to an unspecified number of people waiting for subway, walked a trial cost, obstructed the paths of men waiting for subway, obstructed the platform, knee on the floor, kneeing down the path to the female seated, knee on the floor, kneing down the down to the seat, and had the service staff to control the Defendant within the history of damage.

Accordingly, the defendant, under the influence of alcohol, imprisoned another person without any justifiable reason.

2. On October 3, 2019, the Defendant committed an act of obstruction of performance of official duties, around 20:20, at the center of Daejeon Central Office of 145, the Defendant: (a) committed an act of assaulting the said C’s bucks, five times the bucks, five times the bucks, and two times the bucks of the said D bucks in a way of walking off the 112-day bucks of the Daejeon Central Office of Police Station B located in the Daejeon Central Office of Police Station B; and (b) the Defendant requested the Defendant to present identification cards for a disposition of interference with drinking alcohol in relation to the act described in paragraph (1) of the said Article.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement related to C and D;

1. Each report on investigation;

1. CCTV images to be cut;

1. Court rulings and application of summary order statutes; and

1. Relevant provisions of Article 3 (1) 20 (a) of the Punishment of Minor Offenses Act, Article 136 (1) of the Criminal Act, and the selection of fines for negligence;

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

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