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(영문) 의정부지방법원 2018.09.13 2018고단3194

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000 (O million).

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

Reasons

Punishment of the crime

On July 12, 2018, 01:16, on July 12, 2018, the Defendant’s male-child B received 112 report to the effect that he is suspected of driving drinking at C, and received a request for the measurement of drinking from E to which he belongs a police box of the Council Police Station D, which called out.

The Defendant “I am I am I am I am I am I am I am I am I am I am.

“Along with the desire to diversize” and assaulted the arms of slope E with a diver who has a drinking measuring instrument, and the left-hand arms as a hand-to-saw.

Accordingly, the defendant interfered with legitimate execution of duties concerning the traffic control of police officers and the prevention of traffic hazards.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and F;

1. A report on investigation (not more than 13 pages of investigation records);

1. Application of the Act and subordinate statutes to the investigation report (the analysis of cell phone image data taken at the time of the case);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. In light of various circumstances, such as the circumstance leading up to the crime acknowledged by the evidence duly adopted and investigated by the court, the means and method of the crime, and the Defendant’s behavior before and after the crime, determination of the Defendant’s mental and physical disorder under Article 334(1) of the Criminal Procedure Act, it cannot be deemed that the Defendant had no or weak ability to discern things at the time of the crime.

The reason for sentencing shows the attitude of the defendant to recognize and reflect his mistake instead.

There is no record of criminal punishment against the defendant.

The defendant seems to have committed the crime of this case by contingency.

Other punishment shall be determined by comprehensively taking into account the various circumstances shown in the pleadings of this case, such as the defendant's age, sex, environment, method and attitude of the crime, and circumstances before and after the crime.