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(영문) 수원지방법원 평택지원 2019.10.08 2018고단2136
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 600,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On May 12, 2018, the Defendant: (a) reported on May 12, 2018, around 08:20, that “I am fright under the influence of fright;” and (b) obstructed police officers’ 112 reporting affairs and lawful performance of duties concerning the handling of a police officer’s 112 report and the arrest of a fine recipient, by: (c) the police officer, as a result of his personal inquiry into the Defendant, confirmed the Defendant’s failure to pay a fine; and (d) the Defendant arrested the Defendant; (d) the son’s face part of E at one time while taking a bath; and (e) assaulted the front side part of the E’s left bridge at several times; and (e) assaulted the police officer’s 112 report handling affairs and the arrest of a fine recipient.

2. 경범죄처벌법위반 피고인은 2018. 5. 12. 08:50경 평택 F에 있는 C파출소에서, 제1항 기재와 같이 체포되어 위 파출소에 온 것에 화가 나 “형사가 두렵냐. 그냥 뒤져버려라. 이 짭새새끼들”이라고 욕설을 하는 등 약 30분 동안 소란을 피움으로써 술에 취한 채로 관공서인 위 파출소에서 몹시 거친 말과 행동으로 주정하거나 시끄럽게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each internal investigation report and investigation report;

1. Application of the Acts and subordinate statutes concerning photographic photographs, such as parts of damage caused by the violence, and closure data;

1. Article 136 (1) of the Criminal Act of the relevant statutory provisions concerning criminal facts (the point of obstructing performance of official duties, the choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing the head of a government office and the selection of fines);

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

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 (1) of the Criminal Act;

1. The sentencing guidelines of Article 334(1) of the Criminal Procedure Act for the sentencing of Article 334(1) of the Act on the Provisional Payment Order are six months to one year and six months, and the sentencing guidelines for the crime of obstruction of performance of official duties are repeated due to drinking.

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