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(영문) 수원지방법원 성남지원 2020.04.22 2019고단2651
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 200,000 won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. On October 2, 2019, the Defendant of the obstruction of performance of official duties: (a) reported 112 on the road in front of Sungnam-si, Manam-si, Manam-si, B on October 18, 2019, that “three male wraps around the house,” and demanded that the police officers affiliated with the Sungnam Police Station C Zone C, who were called out of the Sungnam Police Station, want to take the case and return home to the Defendant because he did not want to take the case; (b) was sealed with the above G’s chest on his hand; and (c) was sealed with the face of the said D one time by hand, and carried the above police officers “whether the police is frighted at the house,” and was displayed with drinking.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the 112 Reporting Case Handling Affairs.

2. On October 2, 2019, the Defendant violated the Punishment of Minor Offenses Act: (a) around October 19:25, 2019, on the grounds that he was arrested in the act of committing a flagrant act under suspicion of the obstruction of performance of official duties at the Sungnam Police Station C District of Sungnam Police Station located in Sungnam-si, Sungnam-si; (b) on the ground that he was arrested in the said act of committing a flagrant act; (c) on the ground that he was spiting, spiting, spit, etc. on the floor, and spit, spit, etc. on the ground that he was drunk, and

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, G, and E;

1. Report of investigation (at the bar of a police officer visiting the scene, with regard to scam images of the police officer visiting the site), and application of Acts and subordinate statutes to report of investigation;

1. Article 136 (1) of the Criminal Act and Article 3 (3) 1 of the Punishment of Minor Offenses Act concerning facts constituting an offense (a point of the place of obstruction of performance of official duties) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine for a violation of the Punishment of Minor Offenses Act on the crime of obstruction of the performance of official duties by selecting a punishment;

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

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

1. Article 62 (1) of the Criminal Act (limited to imprisonment with prison labor);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.

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