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(영문) 서울북부지방법원 2018.01.19 2017고단4621
공무집행방해등
Text

A defendant shall be punished by imprisonment for a term of six months and a fine of one hundred thousand won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. On August 16, 2017, the Defendant violated the Punishment of Minor Offenses Act: (a) around 00:32, on August 16, 2017, the Defendant flicked neighbors by putting music with a large sound in his/her own residence located Dongdaemun-gu Seoul, Seoul, and shicking the sound to the flick end.

2. Around August 16, 2017, the Defendant, at the front side of Dongdaemun-gu Seoul Metropolitan Government, 00:32, 112, i.e., the Defendant: (a) was urged from 4 police officers, such as C, in the course of being dispatched a report on 112 that “the Defendant was unable to sleep by making sound at the fresh house; and (b) was forced from 112, i.e., taking advantage of his or her character; (c) he or she was asked from her identification card; and (d) he or she spited his or her body with his or her mind that this creshs were raised in line with his or her written mind, i.e., his or her cresh, so that he or she did not have any identification card; and (d) he or she did so with the face of C, who is a public official, with his or her desire to do so.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the 112 reporting processing.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by shots);

1. Relevant provisions of the Act on the Punishment of Minor Offenses and Article 3 (1) 21 of the Punishment of Minor Offenses Act (in the vicinity of a disturbance, in the selection of fines) Article 136 (1) of the Criminal Act (in the event of interference with the performance of official duties, in the selection of a sentence, in the event of imprisonment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that he was in a state of mental or physical weakness or mental loss by under the influence of alcohol at the time of committing the instant crime. As such, according to the record, the Defendant is deemed to have drinking alcohol at the time of committing the instant crime, but the circumstances and circumstances of the instant case are as follows.

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