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(영문) 수원지방법원 성남지원 2018.05.17 2018고단465
공무집행방해등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On March 5, 2018, the Defendant obstructed the performance of official duties, and around 22:50 on March 5, 2018, undergoes an investigation related to the driving of the Defendant’s drinking at the G District District of the Subdivision Police Station C located in Seongbuk-gu, Sungnam-si, Sungnam-si, the police station instructed the Defendant to sign documents, such as a report on the state-run driving, which he/she belongs to the above police station, such as a report on the state-run driving, and assaulted the Defendant’s drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning criminal investigation by police officers.

2. On March 6, 2018, the Defendant violated the Punishment of Minor Offenses Act: (a) around 00:50 on March 6, 2018, and (b) around 00:50, at the same place as the foregoing 1.m., the police officers serving there in the place, “I am, I h, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing drinking in the official document), and the choice of fines (the point of disturbing the wrongness and the point of failing to have the records of the same kind of crime) concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up) of the Act on the Aggravation of Concurrent Crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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