logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.02.04 2019고단5786
공무집행방해등
Text

A defendant shall be punished by imprisonment for a term of six months and a fine of one hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On April 11, 2019, around 14:03, the Defendant obstructed the performance of official duties, who was on the top of the “C” entertainment shop located in Gangnam-gu Seoul, Seoul, “C,” and was on the front of the entertainment station located in Gangnam-gu, Seoul, the Defendant was on board the front seat of the patrol vehicle after receiving a report of 112 and being called back from police officers, such as the head of the police station affiliated with the Seoul Gangnam Police Station D District E, for returning home.

After that, at around 14:28 of the same day, the Defendant used his mobile phone while drunk at the lower seat of the patrol vehicle and used his hair E at one time.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties.

2. On April 11, 2019, the Defendant violated the Punishment of Minor Offenses Act: (a) around 14:35, as described in the above paragraph (1), was on the front of the Seoul Gangnam-gu Seoul F Building plaza, while boarding the back seat of the patrol vehicle and moving it.

Therefore, the Defendant was able to avoid disturbance, such as acting and threatening to access a female criminal, who was under the influence of alcohol, doing so, doing so, leading a man's arms, booming a man's arms, and intending to set up on the road of the six-lane line.

Accordingly, the Defendant, at a place where many people gather or frequent, led to a very rough speech or behavior, which makes the surrounding person slick, or who, without any justifiable reason, conveyed it to others under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of investigation reports (where a person under investigation becomes aboard the patrol vehicle), investigation reports (where a suspect conducts patrols and actions in the court), investigation reports (where a person under investigation is involved in acts in the court room), and Acts and subordinate statutes related to evidence and image of the police officer at the scene;

1. Relevant Article 136 of the Criminal Act and Article 136 of the Criminal Act (1) of the choice of punishment for the crime (the point of obstructing the performance of official duties, the choice of imprisonment), Article 3 (1) 20 of the Punishment of Minor Offenses Act (the point of disturbing drinking, etc., and the choice of fines);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

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

1. The police officers E in this case for the reasons for sentencing of Article 62(1) and 62(2) of the Criminal Code suspended execution.

arrow