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(영문) 의정부지방법원 2016.11.29 2016고단4616

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 28, 2016, around 23:20 on October 28, 2016, the Defendant assaulted the police officer, such as: (a) the police officer, who was called up after receiving a report of the singing room business caution, to stop the Defendant; (b) the police officer of the Namyang-gu Police Station Emba, who was called up after receiving a report of the singing room business caution; (c) the police officer, who resisted the Defendant; (d) sold the clothes of the said police officer once again; and (d) the police officer,

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. G statements;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The crime related to the obstruction of performance of official duties on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus, it is necessary to strictly punish the crime of this case by establishing the national legal order and eradicating the light of the public authority. However, the punishment is determined as ordered in consideration of various sentencing conditions indicated in the records, such as the fact that the defendant committed the crime of this case by drunkly under the influence of alcohol, the defendant led to the confession of the crime of this case and divided his mistake, violence or obstruction of official duties, the degree of violence or obstruction of official duties seems not to be significant.