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(영문) 광주지방법원 목포지원 2017.12.19 2017고단1146
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

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

Reasons

Punishment of the crime

1. On July 3, 2017, the Defendant violated the Punishment of Minor Offenses Act: (a) under the influence of alcohol to the police officers who work in a place of the police box at the Bapo Police Station D, which was located in the Bana C on July 3, 2017; and (b) sound approximately 20 minutes of the call “the Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana, Mana Mana, Mana Mana, Mana

Accordingly, the defendant, while under the influence of alcohol, has been forced by very rough words and actions at government offices, and slicked by them.

2. 공무집행 방해 피고인은 2017. 7. 3. 22:21 경 목포 C에 있는 D 파출소 출입구 앞에서, 그곳에 근무하는 경찰관들이 술에 취한 상태로 약 20 분간 벌금 영수증을 달라는 등 욕설을 하며 소란을 피우는 피고인을 출입문 쪽으로 밀어내자 “ 영수 증을 주라고! ”라고 소리치며 왼손으로 순경 E의 오른쪽 빰을 1회 때리는 등 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police boxes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of each CD (cinematographic data) and one CD (cinematographic data) to police officers of the damaged side photograph (E), the 112 reported case processing list, and each CD;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation in official books, and the selection of fines);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment 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. Article 62-2 of the Criminal Act on the observation of protection;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act had already been punished several times due to the same crime, including the suspension of the execution of imprisonment, there is a little possibility of criticism in that the defendant again commits the instant crime, and even if the circumstances leading to the instant crime, the nature of the crime is not sufficient.

However, the defendant is led to confession.

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