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(영문) 의정부지방법원 고양지원 2018.01.09 2017고단3280
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for four months and by a fine of thirty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. 공무집행 방해 피고인은 2017. 9. 30. 01:33 경 고양 시 일산 동구 B 건물 C 편의점 앞길에서, 택시기사의 112 신고를 받고 출동한 경기 일산 동부 경찰서 D 지구대 소속 순경 E으로부터 귀가를 요구 받자 주먹으로 E의 머리를 1회 때리고 발로 다리를 수회 걷어찼다.

As a result, the Defendant, upon receiving 112 report, assaulted the police officer to perform his duties, thereby obstructing the police officer's legitimate performance of his duties.

2. On September 30, 2017, around 01:33, the Defendant made a public insult of the victim E by speaking to the victim E as “Afresh a sick, fresh, fresh, and fresh” at the place indicated in paragraph (1) at around 01:33, while other police officers hear.

3. The Defendant violated the Punishment of Minor Offenses Act around 01:45, Sept. 30, 2017, arrested a flagrant offender on the ground of the crimes, including paragraphs (1) and (2), and led to the arrest of a flagrant offender on the district as D, a government office, and subsequently, under the influence of alcohol, expressed the police officers in the said district with the large voice called “I ring out”, “I ring out”, and “I am under the influence of alcohol,” and led to sound.

Accordingly, the defendant was unable to avoid disturbance while being drunkd about about 40 minutes in D District, a government office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on investigation (where the head of a Si/Gun/Gu office has revoked as a suspect, video verification);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties, selection of punishment by imprisonment), Article 311 of the Criminal Act (Appointment of insult), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the fact of disturbance of public document, the selection of punishment by imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the selection of fines);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 334(1) of the Criminal Procedure Act provides that a person who interferes with the execution of official duties due to the sentencing of the Criminal Procedure Act shall be subject to the State’s failure to exercise legitimate public authority.

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