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(영문) 의정부지방법원 2015.06.02 2014고단4742

공무집행방해등

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

1. On November 5, 2014, the Defendant assaulted a police officer who was under the influence of alcohol in front of the Seoul Special Metropolitan City Gwangjin-gu, Seoul Special Metropolitan City, for a police officer C, who was dispatched upon receipt of a report, to use his/her home home, and wanted to “C” to put his/her drinking to the victim’s name, and who carried out the duty of maintaining order.

2. On November 5, 2014, around 02:15, the Defendant was unable to have 40 minutes of the disturbance due to the following: (a) the Defendant d district at the Gwangjin-dong Police Station in Gwangjin-gu Seoul Special Metropolitan City, and (b) the Defendant d district with a view to police officers under the influence of alcohol, such as “satisfying in the flusium.”

3. At around 23:00 on Nov. 4, 2014, the Defendant: (a) cut off “F” at the main point of “F” located in Gwangjin-gu Seoul Special Metropolitan City, with the victim G having danced; and (b) with gallonian 2 smartphones set up in the table.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of C and H;

1. Application of Acts and subordinate statutes to investigation reports (to telephone conversations with I, and CCTV images in the D District);

1. Relevant provisions of the Criminal Act, Article 136(1) of the Criminal Act, Article 3(3)1 of the Punishment of Minor Offenses Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, the choice of fines for crimes of obstruction of performance of official duties and punishment (with regard to crimes of larceny);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant assaults a police officer under the influence of alcohol, makes a disturbance, or steals another person's mobile phone shall be subject to criticism.

The defendant has a thief criminal record, and is not able to show the risk of recidivism.

However, the defendant is currently trying to recover from hospital treatment, and theft damage is the victim.