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(영문) 서울남부지방법원 2015.05.29 2015고단1283
경범죄처벌법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 28, 2014, the Defendant violated the Punishment of Minor Offenses Act: (a) around 21:35, the Seoul Yeongdeungpo Military Police Station C District located in Yeongdeungpo-gu Seoul Metropolitan Government, and (b) was under the influence of alcohol; (c) thus, the police officers working while waiting for his/her family after taking protective measures, expressed their desire and abusive language that “the bit of bitch bitch, bitch bitch bitch, bitch bitch, bitch bitch, bitch bitch bitch bit,” and led the Defendant to 40 minutes of the disturbance, which led the Defendant to a riot or fluorous action by uttering or acting very roughly and visually at the government office.

2. The Defendant committed assaulting the police officer’s legitimate execution of duties regarding the police officer’s protective measures by avoiding disturbance at the same place around the same time as Paragraph (1) of the same Article, by photographing the disturbance with the police officer’s cell phone, and raising the disturbance to the police officer D’s cellular phone, making the head of D one time at his/her own floor, and putting D’s bucks away from the diving, thereby obstructing the police officer’s lawful performance of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The circumstantial statement of the offender;

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Relevant Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstructing performance of official duties), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of obstructing official duties), and the selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

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

1. Article 334(1) of the Criminal Procedure Act of the provisional payment order requires strict punishment for the crime of obstruction of performance of official duties in order to create a social atmosphere that prevents the light view of the public authority and respects the law and principles. However, the Defendant’s confession of the instant crime, the Defendant has no criminal record, and all other records and arguments of the instant case, including the Defendant’s age, character and conduct, environment, circumstances after the crime, etc.

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