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(영문) 의정부지방법원 고양지원 2013.04.25 2013고정255

공무집행방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 30, 2012, around 00:55, the Defendant committed assault, such as, on September 30, 2012, the Defendant: (a) was raising a disturbance on the ground that the third floor corridor of the Goyang-gu Seoul Metropolitan City building B was not opening a door; (b) was recommended by a police officer, a police officer belonging to the C District, who was called upon receipt of 112, to return home from the sloping D, a police officer belonging to the C District, who was called up upon receipt of the 112 report; and (c) was spiting the spit on the floor, “I will see this fright, var Ga, and she will die without any crime.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) include: (a) the Defendant has no special criminal history except one traffic accident before one traffic accident; (b) the Defendant was under the influence of alcohol at the time; and (c) the Defendant was not directly injured by the police officer due to the instant crime; and (d) the method and result of the instant crime; and (b) the amount of fine as above is determined by comprehensively taking account of all the conditions of sentencing, including the circumstances after the instant crime, the Defendant’