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(영문) 의정부지방법원 고양지원 2018.09.20 2018고단1815

공무집행방해등

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On July 18, 2018, the Defendant assaulted the Defendant, who was arrested in the act of assault against the police officer D(34) by the chief of the police box affiliated with the police box belonging to the Dong-dong Police Station in the Gyeonggi-gu, U.S. on the 01:28 line, on July 18, 2018, in order to transfer the Defendant arrested in the act of assault to the criminal department of the Dong-dong Police Station in the Japan-dong Police Station in order to take over the Defendant who was arrested in the act of assault to the police department of the Dong-dong Police Station in charge of the crime of assault.

As a result, the Defendant interfered with the legitimate execution of duties of police officers with respect to the processing of reports and the prevention of crimes, and at the same time, the Defendant committed an internal sponsor, which requires approximately two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a written diagnosis of injury to a victim;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

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

1. Selection of an alternative fine for punishment;

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

1. In order to establish the legal order of the country with reason for sentencing Article 334(1) of the Criminal Procedure Act and eradicate the light of public authority, it is necessary to strictize the crime of interference with the execution of official duties.

In addition, the defendant inflicted an injury on the police officer in the process of obstructing the performance of official duties, and the responsibility for the crime is very heavy.

However, the Defendant recognized all the crimes of this case and runs counter-influence to his mistake.

The degree of injury suffered by the damaged police officer is not much serious.

The defendant seems to have made efforts to recover damage by depositing one million won to the damaged police officers.

It is the first crime.

From around 2012, the Defendant is receiving treatment as a yellow disability and is not good mental health.

In addition, the circumstances of the crime of this case, the attitude of the act of assault, the degree of interference with official duties, and the defendant's person.