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A defendant shall be punished by imprisonment for six months and a fine for 600,000 won.
If the defendant does not pay the above fine, 100.
Reasons
Punishment of the crime
1. On May 7, 2020, at around 05:11 on May 7, 2020, the Defendant: (a) obstructed performance of official duties: (b) in Gangnam-gu Seoul; and (c) in front of C, the Defendant assaulted the E officer affiliated with the Seoul Gangnam Police Station D police box, who was dispatched after receiving a report of 112 telephone, to ask questions about the process of avoiding the disturbance from the E officer affiliated with the Seoul Gangnam Police Station D police box, who was called up, “I will satise the satise.”, and boomed the fright of drinking to E.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.
2. The Defendant violated the Punishment of Minor Offenses Act at around 06:00 on May 7, 2020, expressed that he was arrested and detained as a flagrant offender due to the obstruction of performance of official duties under paragraph (1) at the police box located in Gangnam-gu Seoul, and carried out a disturbance for about one hour, such as bringing the police officer into the scambling World Cup and cutting down his clothes.
Accordingly, the defendant, while under the influence of alcohol, had a very rough and disorderly speech and behavior in a public office.
Summary of Evidence
1. The police statement of the defendant E in his court statement;
1. The circumstantial statement of the person taking the notes of H prepared as a policeman;
1. Application of the Acts and subordinate statutes to a investigative report (CCTV image);
1. Article 136(1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbance for cancellation by government offices and the selection of fines) for criminal facts;
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Scope of punishment by law: Imprisonment with prison labor for not more than five years and a fine not exceeding 600,000 won;
2. The scope of the recommended punishment according to the sentencing guidelines is the most severe punishment penalty, and the punishment has been selected for the above crime.