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(영문) 의정부지방법원 2019.02.08 2018고단5006

공무집행방해

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. At around 07:33 on November 17, 2018, the Defendant: (a) proposed that the Defendant drinked D with D first to a restaurant located in Ma Government-si B, with D; (b) was rejected; and (c) continued to be threatened D with D’s refusal; (d) received a report on D’s 112 report and received confirmation on the details of the report from D’s police officers, police officers belonging to the Gu Government Police Station E Zone E-gu, the police officer assigned to the site; (b) sought confirmation on the details of the report; and (c) sought confirmation to return home; and (d) the Defendant continued to enter D’s house into the restaurant; and (d) the Defendant continued to enter it into the restaurant; and (d) sought the said F and G’s arms with D’s hand, and caused D’s desire to stop performing his/her duties, thereby interfering with the Defendant’s treatment of the said G 1’s back 1, thereby interfering with the Defendant’s duty.

2. On November 17, 2018, around 08:15, the Defendant spited, on the chest part of the police officer, who belongs to the E District District, where the Defendant arrested a flagrant offender in the E District located in H and his/her guardian to contact with the Defendant and his/her guardian, he/she obstructed the police officer’s legitimate performance of duties regarding the duties of arresting and investigating flagrant offenders, etc. on the chest part of the E District, where the Defendant asked for contact with the Defendant and his/her guardian.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the I Statement;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act regarding criminal facts, the choice of fines (in consideration of the fact that it is a minor, the fact that it has no record of criminal punishment, the fact that it seriously reflects the fact);

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 6 of the Criminal Act;

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 Defendant under Article 334(1) of the Criminal Procedure Act, which provides the provisional payment order.