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(영문) 서울남부지방법원 2020.04.10 2020고단991
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 600,000 won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

1. At around 18:10 on February 25, 2020, the Defendant assaulted the face of the above E on one occasion by drinking on the ground that E in the Seoul Gangseo-gu Seoul Gangseo-gu Police Station D District unit, who was called out after having received 112 reported telephones stating that “nicker will sing himself under the influence of alcohol.”

In addition, the Defendant, who was arrested as a flagrant offender in the crime of obstruction of the performance of official duties on the same day, committed assault by the F and the office of the Seoul Gangseo Police Station F and the office of the Seoul Gangseo Police Station, in order for the said F and the slope G to be aware of the Defendant’s personal information, and used to walk the damaged parts of the said G to walk. On the same day, around 20:53 of the said day, the Defendant assaulted the flick belt, who was able to smoke from the toilet of the said police station, and carried the flick belt, who was flicked from the said G, to walk the said G.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the handling of 112 reported cases, arrest and custody of flagrant offenders.

2. 경범죄처벌법위반 피고인은 2020. 2. 25. 18:45경 서울 양천구 화곡로 73에 있는 서울강서경찰서 F과 사무실에서, 술에 취한 상태로 위 F과 소속 경찰관들에게 “죽여버리겠다, 짭새 새끼들” 등의 욕설을 하고 소리를 지르는 등 같은 날 23:55경까지 약 5시간 동안 소란을 피웠다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and G;

1. Application of each statute of H, I, and J;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance of revocation by government offices and the selection of fines);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 and 3 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act to suspend the execution of imprisonment;

1. Article 334(1) of the Criminal Procedure Act provides that an order to pay a fine shall be issued.

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