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(영문) 의정부지방법원 2017.11.14 2017고단4029

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000 (private million).

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

Reasons

Punishment of the crime

On April 5, 2017, the Defendant: (a) arrested a flagrant offender on the charge of assault on April 5, 2017, and was transferred to the police box of the Gangwon Hawon Police Station D, Gangwon Hawon, which was located in the Gangwon Hawon Police Station C; (b) stated that “Cocks, lock flobbbs, and so on”; and (c) stated that the Defendant would be able to escape a disturbance, he/she shall do so to the police officer affiliated with the above D police box, who would have the Defendant objected to the said D police box.

The term “Frane” means “Fele, fele, fele and fele, fele and fele, and fele and fele, fele and fele and fele E.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F, G, H, E, I, and J;

1. A criminal investigation report (a situation after being taken into custody by a police box of the suspect);

1. Investigation report (to attach a photograph of CCTV-fabs, which obstructs the performance of official duties of the suspect A), and photographs related to obstructing the performance of official duties of the suspect A;

1. Application of Acts and subordinate statutes on images of patrol patrol boxes and CCTV boxes;

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 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 under the influence of alcohol at the time to make a decision.

The reason for sentencing is that in light of the form, content, etc. of the crime of this case, the liability for the crime of this case is not less complicated.

However, the defendant shows his attitude to see and reflect his mistake.

As the defendant is 19 years of age, there is no particular criminal punishment until now.

The social relationship of the defendant is clear and the detention of the defendant is in custody.