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(영문) 서울서부지방법원 2019.03.28 2018고단4400
경범죄처벌법위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 8, 2018, from around 04:12 to 04:28, the Defendant violated the Punishment of Minor Offenses Act: (a) taken the face of police officers who were working in Yongsan-gu at the office of the Seoul Yongsan Police Station C commander of the Seoul Yongsan Police Station located in Yongsan-gu, Seoul while taking a serious bath while drinking in office; (b) taken the cell phone with a view to having them pay a cell phone; and (c) took the face of police officers who were working in the military; and (d) taken the police officer’s request for the eviction by the police officers, and took the police officer’s walked,

As such, the Defendant, while under the influence of alcohol, had a very rough and disorderly speech and behavior at a public office.

2. On September 8, 2018, around 04:28, Yongsan-gu Seoul Special Metropolitan City Nowon-ro 89-ro 24 Seoul Yongsan-gu, and was arrested as a flagrant offender for the same crime as stated in paragraph (1) above, and was taken to the above police station, the police officers assigned to the Seoul Yongsan-gu Police Station C police box to the Seoul Yongsan-gu Police Station C police box used violence at the Defendant’s one time.

As such, the Defendant interfered with the legitimate execution of duties concerning the investigation and maintenance of order of the aforementioned D, a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image verification);

1. Relevant provisions of Article 3 (3) 1 of the Punishment of Minor Offenses Act, Article 136 (1) of the Criminal Act concerning the crime; selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The existence of the record of two times of fines due to the same kind of crime for sentencing under Article 334(1) of the Criminal Procedure Act with regard to an order of provisional payment, on the other hand, a sentence shall be imposed on the same person on the grounds that the serious reflectivity and the intention of not imposing punishment

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