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(영문) 수원지방법원 2016.03.25 2015고단5516
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 200,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. The Defendant interfered with C’s performance of official duties on October 22, 2015, on the front of the “E” store located in Yongsan-si District D around 17:00 on October 22, 2015, the Defendant called up after receiving 112 reports to the effect that “the Defendant assaultss another person,” and confirmed the facts by sending out the scene one time at the left left part of the Gyeong-gu Police Station F District of the Seo-gu Police Station of the Seodaemun-gu Office, the Defendant confirmed the facts.

Accordingly, the defendant interfered with legitimate execution of duties concerning the investigation of crime C, a police officer.

2. G에 대한 공무집행 방해의 점 피고인은 2015. 10. 22. 17:45 경 용인시 수지구 H에 있는 용인 서부 경찰서 F 지구대에서, 폭행죄 및 공무집행 방해죄의 현행 범인으로 체포되어 조사를 받던 중, F 지구대 소속 경장 G으로부터 “ 선생님, 집 주소가 어떻게 되 세요 ” 라는 질문을 받자, G의 오른쪽 눈 부위를 왼쪽 발로 1대 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning G criminal investigation, a police officer.

3. The Defendant, at the time and place indicated in paragraph 2, was arrested and investigated as a current offender of the crime of assault and the obstruction of the performance of official duties as above, and was under investigation, the Defendant, while under the influence of alcohol, forced and scamed by very rough and disorderly conduct by a riotous and disorderly conduct at a government office for about 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement with respect to G, C, and I;

1. Application of each of the visual Acts and subordinate statutes to a CCTV screen course;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing the principal, and the choice of fines) concerning the crime;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

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

1. Grounds for sentencing under Articles 62(1) and 62(2) of the Criminal Act (see, e.g., favorable circumstances, etc., considered as the following grounds for sentencing);

1.Each.

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