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(영문) 서울남부지방법원 2015.12.02 2015고단4077
공무집행방해등
Text

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

However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 11, 2015, at around 20:40, the Defendant suffered disturbance, such as obstruction of performance of official duties, injury, and assaulting the victim’s right-hand arms, and obstructing the victim from entering the police station in Gangseo-gu, Gangseo-gu, Seoul, Gangseo-gu, Seoul Metropolitan Government Police Station, by spreading the drinking water to the face of the present police station, and preventing the vehicle from entering the police station, etc.

2. On August 11, 2015, the Defendant violated the Punishment of Minor Offenses Act, at the Gangseo-gu, Gangseo-gu, Seoul, and the Gangseo-gu, Gangseo-gu, 310 Gero, with the influence of alcohol, expressed that “The police officers belonging to the said district shall be given a bath, such as “the flag, net string, flading, and ring, the inside of the Korean National Police Agency will improve the inside of the sea level,” and that the police officers belonging to the said district would be forced or flaged by very rough words and actions at the government offices, such as cutting off the entrance, putting on the floor, and lying on the floor, while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 136 (1) and 257 (1) of the Criminal Act concerning the crime, and Article 3 (3) 1 of the Punishment of Minor Offenses Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of obstruction of the performance of official duties and the punishment of an injury heavier than that of an injury shall be punished);

1. Selection of a fine concerning a violation of the Criminal Act and the Punishment of Minor Offenses Act, with respect to the crime of selective injury;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is the first crime (Obstruction of Performance of Official Duties).

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