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(영문) 대구지방법원 2016.11.10 2016고단3368
공무집행방해등
Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 24, 2016, at around 13:06, the Defendant voluntarily moved to the said district by a police officer C belonging to the Daegu Southern Police Station B zone, who received a report from 112 that women wish to be able to remain in the future while sound on the road.

1. Around June 24, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) breathly b, while drunk in the said B district, the Defendant dumpeded a riot by very rough words and actions at a government office, such as, under the influence of alcohol in the said B district, “I am able to take advantage of this frogene,” and intending to take a monitor at that place, and led to a very rough and disorderly behavior at the government office.

2. At around 14:00 on June 24, 2016, the Defendant had been urged to continuously take a large bath in the said B district as prescribed in paragraph (1) and used it to return to the house from the said C, and assaulted C’s buckbucks one time to be friendly.

As a result, the defendant interfered with the maintenance of police officers' order and the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act of the relevant Article of the Criminal Act concerning the crime (the point of obstruction of performance of official duties, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of the disturbance of the head of a government office and the selection

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. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [Scope of Recommendation] The basic area (6 to 1 year and 4 months) of the 1st category of obstruction of performance of official duties (in the case of obstruction of performance of official duties and coercion of duties) [No special person] [Determination of sentence] the defendant’s crime is not less vulnerable to the use of violence against police officers who avoid disturbance and perform legitimate official duties. However, it is against the crime of the same kind.

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