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(영문) 서울동부지방법원 2015.02.05 2014고단3580
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

1. On October 29, 2014, at around 01:54, the Defendant: (a) reported 112 on the front of the “D convenience store” located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) that “the passengers and taxi fares were attached to the taxi rate; and (b) expressed a desire to be urged to return home from the border F, belonging to the Seoul Mine Police Station E-gu Seoul Special Metropolitan City E-district, and assaulted the chest of the said F by hand on two consecutive occasions, regardless of the breath’s breath.

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

2. The Defendant, in violation of the Punishment of Minor Offenses Act, was arrested as a flagrant offender for committing the crime under paragraph (1) and committed a disturbance for about 40 minutes while under the influence of alcohol while waiting in the Seoul Mine Police Station E zone located in Gwangjin-gu Seoul Special Metropolitan City on the same day at around 03:50 on the same day.

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F and H;

1. Investigation report (the telephone conversation of a shote);

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts, Article 136 (1) of the Criminal Act, and Article 3 (3) 1 of the Punishment of Minor Offenses Act (or Article 3 (3) 1 of the Punishment of Minor Offenses Act at governmental offices;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 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. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of the sentence recommended by the sentencing guidelines [decision of types] Crimes of the obstruction of performance of official duties, and the basic area of the obstruction of performance of official duties [decision of the recommended area] [decision of the recommended area], six months to one year and four months; and

2. The fact that the defendant makes a confession and reflects on the sentence, that there is no record of punishment exceeding the fine, that there was no serious result, and that there was no other serious result.

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