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(영문) 의정부지방법원 고양지원 2017.03.16 2017고단175

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On January 3, 2016, the Defendant: (a) sent to the site after receiving a report related to the payment of taxi expenses on the front of the 415 Haak-ro Happiness-ro 415 Happiness-ro on January 3, 2016; and (b) took a bath to pay the taxi expenses from the slope C belonging to the police box, and to be urged to return home, while drinking, the Defendant assaulted twice the chest of the said slope C on two occasions due to continuous running.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of D;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment: The obstruction of the execution of official duties by itself is deemed to be minor.

shall not be deemed to exist.

In light of the method and content of assaulting the victimized police officer, the nature of the crime is not somewhat weak.

The favorable circumstances: the defendant is seriously against the defendant, and there is no criminal record of the same kind.

In addition, the defendant's age, sex, health, family relationship, motive for committing a crime, circumstances after committing a crime, and all of the sentencing conditions identified in the records of this case and the trial shall be determined as ordered in consideration of the overall sentencing conditions.