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(영문) 수원지방법원평택지원 2020.12.23 2020고단1650
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On April 7, 2020, the Defendant of the obstruction of performance of official duties, at around 23:15, the “C” located in Pyeongtaek-si B, and assaulted by the Defendant, “C” on April 7, 2020, on the 112 report, about whether the son was able to pay personal information and alcohol values from the slope E belonging to the Pyeongtaek-si Police Station D police box called out after having received the 112 report, who was asked the said E, and “I am hys, kys, kys, kys, kys, kys, kys, kys, and kys off the breast part of E by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

2. 경범죄처벌법위반 피고인은 2020. 4. 7. 23:40경 평택시 F에 있는 D파출소에서, 전항과 같은 이유로 공무집행방해 혐의로 현행범인 체포되어 파출소에 인치되자 “이 씨발 새끼들아”, “수갑 풀어라”라고 욕설을 하고, 고함을 치며, 그곳 의자를 발로 걷어찼다.

Accordingly, the Defendant, while under the influence of alcohol, conveyed or scamed by very rough words and conducts at a public office for about one hour.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and G;

1. Application of the statutes governing field documentary evidence CDs and documentary evidence CDs by using a police box;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), and 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);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 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. Probation under Article 62-2 of the Criminal Act;

1. The Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, was under the influence of alcohol and obstructed the performance of official duties by exercising violence against a police officer called out after receiving a report at the expense of calculating the drinking value.

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