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(영문) 의정부지방법원 2015.11.10 2015고단3680
경범죄처벌법위반등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Around 04:50 on September 17, 2015, the Defendant found the Gu Police Station D District of the Gu Government Police Station located in Jung-si, Jung-si, the Government. Around 04:50 on September 17, 2015, the Defendant committed a crime of violation of the Punishment of Minor Offenses Act by a police officer E belonging to the foregoing district in the past, and, at the same time, told the police officer E belonging to the foregoing district of the past, “it is necessary to send off the son.” The Defendant arrested the son outside the son and caused a fine. E son, bit the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Accordingly, the defendant, who is drunk, had a liquor by very rough words and conducts in a riotous and disorderly manner at a government office, and interfered with the legitimate execution of duties of police officers concerning the investigation of crimes and the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of the G production;

1. Photographs;

1. Application of CD-related Acts and subordinate statutes

1. Relevant provisions of Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of the disturbance of the cancellation of the government office), and Article 136 (1) of the Criminal Act concerning the crime;

1. Determination of a fine for the violation of the Punishment of Minor Offenses Act, and the punishment for the obstruction of performance of official duties, respectively.

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. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendation] There is no basic area (6-1-4 months) of the obstruction of performance of official duties (the special person) [the sentence] [the decision of sentence] six months of imprisonment, the high school student's children who should be supported: the fact that there is a high school student's child who is favorable to a fine of 300,000 won, and that one million won of a fine has been divided and reflected: the summary order was issued in 2008 for the crime of obstruction of performance of official duties, and two years of the suspended sentence in 2012, and the order was issued in 20 years of imprisonment with prison labor for the suspension of execution of six years in 2012.

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