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(영문) 의정부지방법원 2014.09.02 2014고단1828

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 May 20, 2014, the defendant was arrested as a flagrant offender in a assault case involving an acting engineer and an acting engineer in the D District District District of the Gyeonggi-gu Police Station D District of the Gyeonggi-si, which was in the city of the government around 23:20 on May 20, 2014, and was investigated together with an acting engineer.

피고인은 같은 날 23:40경 위 지구대에서 "경찰관 개새끼들 내가 뭘 잘못 했냐 맘대로 하라"며 욕설과 폭언을 하며 양팔을 휘두르면서 소란을 피우고 이어 피고인을 제지하려던 의정부경찰서 D지구대 소속 경찰관 경위 E의 낭심 부위를 오른발로 1회 걷어차는 등 경찰관의 범죄 예방 및 수사에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Relevant Article 136(1) of the Criminal Act and Article 136(1) of the same Act concerning criminal facts, the choice of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, while being under the influence of alcohol, was investigated into an acting engineer and an acting engineer, using violence against the police officer in the earth.

However, in light of the fact that the victimized police officer, who was subject to the defendant's death, prepared a document that prevents the defendant from punishing the defendant and submitted it to this court, the defendant seems to have committed a contingent crime in light of the fact that the defendant has no record of violent crime for the last ten years, and the defendant is divided and reflected in his mistake, the circumstances such as the age, character and conduct and environment of the defendant, the circumstances and motive leading to the crime of this case, and the circumstances before and after the crime, etc., are considered as follows. It is so decided as per Disposition by taking into account the various circumstances that form the conditions for sentencing in the records