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(영문) 서울서부지방법원 2019.05.08 2019고단76
경범죄처벌법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Minor Offenses Act, from around 03:20 on December 25, 2018 to around 03:40 on the same day, expressed that, while under the influence of alcohol at a police box located in Yongsan-gu Seoul Metropolitan City, the Defendant continued to take a bath and sound while refusing to return home, despite the police officers’ desire to “I will find a birth. I will do so. I will do so. I will do so.”

Accordingly, the defendant was unable to avoid disturbance in the state of being taken by the government office.

2. At around 03:40 of the above day, the Defendant continued to take a bath when he was arrested as a flagrant offender in violation of the Punishment of Minor Offenses Act by avoiding the disturbance as mentioned above at the police box, and the police officer D belonging to the above police box committed violence on the vessel of the above police officer one time by a multilateral self-speaking of the Defendant in order to correct the Defendant and explain the future procedures.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes as a result of the reproduction of one copy of CCTV video CDs in a police box;

1. Relevant Article of the Criminal Act, Article 3 (3) 1 of the Punishment of Minor Offenses Act (a point of disturbance for revocation by government offices), Article 136 (1) of the Criminal Act, 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions indicated in the records of this case, including the following circumstances and the Defendant’s age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the following circumstances.

Unfavorable circumstances: The defendant uses violence to police officers who perform legitimate duties in the state of detention.

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