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(영문) 창원지방법원 마산지원 2014.10.28 2014고단840
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On August 1, 2014, at around 22:40, the Defendant violated the Punishment of Minor Offenses Act: (a) expressed a bath to a taxi engineer; and (b) did not pay the fare; (c) made the taxi engineer take the Defendant into the c box located in the Masan-si Member B; and (d) paid the taxi fare to a taxi engineer by arbitration by a police officer.

From around 22:45 on August 1, 2014 to 01:30 on the following day, the Defendant: (a) entered the said police box without returning home without returning to the taxi engineer; and (b) took a bath to the multiple police officers, “I am bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bits, emb son, and fran son son,” and (c) avoided the disturbance; and (d) the police officers recommended him to return home while soliciting him, “I can be punished as a disturbance for the revocation of the government office, if I am w son son son son son son.”

Accordingly, the defendant, while under the influence of alcohol, had a riotous or disorderly act by uttering or doing rough words and conducts at a government office.

2. On August 2, 2014, at around 01:35, the Defendant continued the disturbance as shown in the preceding paragraph within the police box, and recommended that the police officer D, a police officer who belongs to the above police box, stop the Defendant and return home to the Defendant, and obstructed the Defendant’s legitimate performance of duties concerning the service within the above police box.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of photographs);

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

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

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

1. The order of provisional payment;

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