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(영문) 의정부지방법원 고양지원 2015.07.23 2014고단1586

공무집행방해

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

At around 00:20 on July 7, 2014, the Defendant: (a) stated that the police officer E (39 years of age) dispatched to the site by a 112 report of a taxi engineer under the influence of alcohol and a taxi engineer attached to Si expenses would pay taxi expenses; and (b) took a bath after gathering money on the floor, the Defendant obstructed the Defendant’s legitimate execution of duties concerning the maintenance of police officers’ order at one time, by taking the above E’s left son, at the same time.

Summary of Evidence

1. A suspect interrogation protocol of the police officer;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on police officers E and telephone calls);

1. Relevant provisions for criminal facts, Article 136(1) of the Criminal Act of the choice of punishment, and Article 136(1) of the Criminal Act of the choice of a fine (the method of obstructing the execution of public duties, the degree of interference with the performance of public duties resulting therefrom, etc. seems not to have been significantly severe, contingently causing the crime of this case, and there are no criminal records of the same kind, and the last sentence of a fine in 1999 shall be considered as not having been additionally

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;