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(영문) 의정부지방법원 2018.02.22 2017고단4992

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 22:38, 2017, the Defendant did not pay alcohol in “C” located in “C” and did not pay alcohol value. On September 8, 2017, the Defendant called “E and one other police officer belonging to the D District Police Unit of the Namyangan Police Station, who was called to the site upon receipt of a 112 report and urged the Defendant to pay the alcohol value and return home to the site, and thereby interfere with the Defendant’s legitimate performance of official duties in the process of reporting 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. A receipt for the value of alcoholic beverage;

1. 112 Notification to a department related to the report of the case;

1. Application of statutes governing field video CDs;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the defendant was sentenced to imprisonment on August 27, 2015 with labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and was released from parole during the execution of the sentence on August 28, 2016, and is subject to a strict punishment for committing a repeated crime after the lapse of the period of parole on December 28, 2016, but the defendant is in profoundly against the police officer’s mistake, and the degree of assault against the police officer was not much serious weighted.