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(영문) 서울중앙지방법원 2018.11.14 2018고단3349
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and a fine for 600,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. The Defendant for a violation of the Punishment of Minor Offenses Act is under the influence of alcohol in the Seoul Jongno-gu Police Station criminal office located in Jongno-gu Seoul, Jongno-gu, Seoul, from around 22:50 on May 5, 2018 to 23:05 on the same day, and is under the influence of alcohol in the office of criminal duty on duty.

Although the inside of the police station continued to enter the criminal duty room "I wish to do so now, I will do so," the police officer C belonging to the above police station, who was serving as a guide at the above police station entrance, received a request for returning home from the police officer C to the outside of the building of the above police station, and going out of the building of the above police station, and going out of the first floor above C in front of the first floor.

The government and government offices expressed very rough and disorderly words and conducts, such as "Chewing guest guest", etc.

2. In front of the first floor of the police station, the Defendant spite the above C’s face once after having received a request for returning home from the above C at the time of the above day and around the first floor of the police station. Accordingly, the Defendant interfered with the police officer’s legitimate performance of duties concerning the prevention of crimes and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (related to the behavior of a suspect);

1. Application of Acts and subordinate statutes as a result of the CD reproduction;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties, choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for government offices, selection of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases 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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., and all of the sentencing conditions indicated in the arguments and records, such as the circumstances after the crime, shall be determined as ordered by the Criminal Procedure Act.

Unfavorable circumstances: Defendant has a number of criminal records of violence.

The defendant is a police station.

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