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(영문) 서울북부지방법원 2016.02.16 2015고단3782
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

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

Reasons

Punishment of the crime

1. On October 13, 2015, the Defendant violated the Punishment of Minor Offenses Act (such as Drinking Disturbance, etc.), the Defendant, at around 17:30 on October 13, 2015, transmitted a disturbance to the surrounding people and children, such as passing sound to the surrounding people and children, and driving around a motor vehicle in the surrounding area, etc., at a place where many people gather or frequent without good cause, under the influence of alcohol.

2. The Defendant interfered with the performance of official duties at the same time and place as in the preceding paragraph, and at the same time and place as in the foregoing report, and committed assault against C by a police officer, who belongs to the Seoul Central Library Police Station B, in order for C to listen to the Defendant’s D and statement, such as: (a) the Defendant: (b) the police officer, who was called to the Seoul Central Library Police Station B, in order to see the Defendant’s D and statement; (c) the Defendant: (d) the Defendant, while taking a bath to the Defendant, she was boomed with C’

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Options of imprisonment with prison labor) concerning the facts constituting an offense, and Article 3 (3) 1 of the Punishment of Minor Offenses Act (selected of penalty);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Not less than six months of imprisonment with labor for not less than six months but not more than one year and four months (the result of multi-party crime processing standards) with respect to the scope of the recommended punishment on the sentencing criteria [the type of punishment] that does not obstruct the performance of official duties (special sentencing elements];

2. In light of the fact that the Defendant, while under the influence of alcohol, did not only assault the police officer, but also spits or spits the nature of the crime, such as spits or spits, etc. in the condition that the Defendant was involved in the earth, he/she selects imprisonment with prison labor on the ground that the relevant crime is not minor.

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