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(영문) 창원지방법원 마산지원 2018.05.11 2018고단314
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. No person who violates the Punishment of Minor Offenses Act shall make another person uneasy, annoying or offended by standing in the way, provoking a trial expense, gathering around, following, or uttering very rough and menacing words or conducts, without justifiable grounds;

Nevertheless, on January 24, 2018, the Defendant, at around 13:10 on January 24, 2018, took a bath in a play room located in the Changwon Masan-si B, with the large amount of “a bitching, bitching bitching, bitching bitching, bitching,” thereby uneasing others by uttering or doing so.

2. On the same day as Paragraph 1, the Defendant interfered with the performance of official duties at the above playground 13:30 on the same day, “one male scambling the disturbance while taking a bath at the playground,” which “a man scambling the disturbance,” upon receiving a report 112, recommended several times to stop the disturbance from Da and a slope E belonging to the Msan-dong Police Station C District of the Msan-dong Police Station, and continued to stop the disturbance and return home without returning home.

Nice Doz. Doz.

Does the Republic of Korea

“......”

Defendant, upon receipt of a request from the above police officers to present identification card as a violation of the Punishment of Minor Offenses Act, refused it without any justifiable reason, arrested him as a current offender violating the Punishment of Minor Offenses Act, and thereafter allowed him to board the patrol vehicle, the Defendant spite the face of the above D. Accordingly, the Defendant assaulted the police officers to interfere with his legitimate execution of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article 136 (1) 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 (1) 19 of the Punishment of Minor Offenses Act (the point of creating apprehensions and the choice 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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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