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(영문) 수원지방법원 2019.05.28 2019고단101
공무집행방해등
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. At around 02:30 on August 1, 2018, the Defendant violated the Punishment of Minor Offenses Act: (a) in front of the wife population B of the building, the Defendant, under the influence of alcohol, laid off the jackets, she was under the influence of alcohol on the ground that the said B’s building does not amount to KRW 70,000,000,000, and she took a bath to “instigating the brick,” and she was under the influence of the said building, she was flicked for about 30 minutes, such as her disturbance, failing to comply with the police officer’s demand to identify the police officer.

2. At around 03:00 on August 1, 2018, the Defendant was arrested as a flagrant offender due to a violation of the Punishment of Minor Offenses Act on the ground that he/she failed to comply with the need to identify and return home, and thus, failed to comply with the need to obtain identification and return home to the scene of the instant B building upon reporting 112 of the building owner.

On August 1, 2018, at around 05:04, the Defendant assaulted a police officer who is performing official duties, such as taking the face of the said slope D on one occasion with his hand, taking the head of the following person's head into drinking, booming him/her, and obstructing the police officer's legitimate performance of duties concerning handling the 112 report and arresting flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of Acts and subordinate statutes of the 112 Report Acceptance Table;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties, choice of imprisonment), and Article 3 (1) 21 of the Punishment of Minor Offenses Act (the point of disturbance and choice of fine) concerning the crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment has a record of being sentenced to punishment for the crime of obstruction of performance of official duties, and there are many criminal records related to violence.

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