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(영문) 서울중앙지방법원 2020.09.28 2020고단5042
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. At around 02:40 on July 5, 2020, the Defendant violated the Punishment of Minor Offenses Act: (a) at a police box located in Gangnam-gu Seoul on the floor, the Defendant was unable to take part in the said police box; (b) returned to the said police box that the previous police officer could not take part in drinking; and (c) refused the request for returning home from the police officer D, E, etc. of the said police box; and (d) refused this request; (b) “this spaws, spads, spads, spads, spads, spads, spads, spads on the floor; and (c) avoided the disturbance for about 15 minutes on the floor, such as spadsing down on the floor, spadinging down the urine, and spading

Accordingly, the defendant, while under the influence of alcohol, led to very rough words and actions by public offices.

2. At around 02:55 on the same day, the Defendant: (a) committed an act of disturbance under the influence of alcohol and refused to return home; (b) the Defendant arrested the Defendant as an offender committing a crime of violation of the Punishment of Minor Offenses Act; and (c) the Defendant boomed the Defendant’s head, who was on the back of the Defendant, and the Defendant boomed the Defendant’s head, who was on the back of the Defendant.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Defendant's legal statement;

1. The first and second written statement of the police interrogation protocol E to the accused;

1. A report on investigation (Attachment of a criminal suspect's surface);

1. Application of video CD-related Acts and subordinate statutes

1. Relevant provisions of the Criminal Act, Article 136(1) of the Criminal Act, Article 3(3)1 of the Punishment of Minor Offenses Act, and selection of fines for the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the maximum amount of the crimes of obstruction of performance of official duties, which are heavier than the punishment, as provided for in the crime of obstruction of performance of official duties);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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