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(영문) 광주지방법원 2017.06.09 2017고단934
경범죄처벌법위반등
Text

A defendant shall be punished by imprisonment for a term of six months and a fine of six hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant, who violated the Punishment of Minor Offenses Act, was under the influence of alcohol at the entrance of the police station of the Gwangju Mine, located in 551 as of March 1, 2017, such as Gwangju Mine on March 1, 2017.

“Absected to the police officer,” without responding to questions, such as slope C, etc., sent to the Gwangju Mine Police Station B police station, upon receiving 112 report, and the police officer avoided the disturbance by not later than 01:50 on the same day.

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

2. At the time, at the time, and at the place specified in the preceding paragraph, the Defendant: (a) expressed to the effect that C is “Chewing” by a police officer to ask the Defendant’s family members to ask him/her the cell phone pattern, address, etc.; and (b) made the face of the above police officer who continued to meet with D on his/her hand at one further time in his/her hand.

The Defendant assaulted the police officer as above, thereby obstructing the police officer’s legitimate execution of duties concerning the dispatch of report 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the Acts and subordinate statutes entered in the police statement protocol against C;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Options of imprisonment with prison labor) concerning the facts constituting an offense, and Article 3 (3) 1 of the Punishment of Minor Offenses Act (selected of penalty);

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. The community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant’s liability for the crime in that he/she takes a bath to a police officer in the process of carrying out his/her legitimate official duties and uses violence is not exceptionally applied.

However, the defendant is the first offender.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime.

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