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(영문) 의정부지방법원 고양지원 2020.05.07 2019고단2706
공무집행방해등
Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 02:00 on September 14, 2019, the Defendant violated the Punishment of Minor Offenses Act: (a) received 112 report that the Defendant was used on the road under the influence of alcohol; and (b) requested the Defendant to return home from the slope D belonging to the said C District; (c) expressed the Defendant’s desire to “not having to be punished, but having to be dead, with the mind of mind; and (d) 40 minutes of his/her failure, such as taking a view that he/she would be able to kill the police.”

Accordingly, the defendant, while under the influence of alcohol, led to a very rough speech and behavior in a public office.

2. At around 02:40 on the date specified in paragraph (1), the Defendant assaulted the Defendant that caused the failure to commit a crime of violation of the Punishment of Minor Offenses Act, as described in paragraph (1), on one hand, the chest of the slope D belonging to the Goyang Police Station C District, which notified the Defendant that he could be prosecuted by committing a crime of violation of the Punishment of Minor Offenses Act.

As a result, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning global service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to investigation reports (on-site CCTV analysis);

1. Relevant provisions of the Punishment of Minor Offenses Act and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the fact that the head of the government office is responsible for the cancellation thereof, the selection of fines), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the selection

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

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 concerning a suspended sentence;

1. Social service order under Article 62-2 of the Criminal Act;

1. The sentencing guidelines for the sentencing of Article 334(1) of the Criminal Procedure Act for a crime of obstruction of performance of official duties set out in the sentencing guidelines for the provisional payment order are the basic sphere of imprisonment with prison labor from June to June.

Despite the police officer's measures that assist the defendant in returning home under the influence of alcohol, the defendant satising a satisf in the police station.

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