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(영문) 의정부지방법원 2015.10.05 2015고단1567

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 22, 2015, the Defendant was under the influence of a disturbance, such as c, which was parked in front of the restaurant “C,” located in the Gyeonggi-si, Gyeonggi-do. On April 22, 2015, the Defendant, upon receiving 112 report and obstructed the police officer’s legitimate performance of duties concerning the prevention, suppression, and investigation of the police officer’s crime, including, but not limited to, the police officer, a police officer affiliated with the D Zone D District of the Gu Government Police Station, who was dispatched to the said place, “I am, I am, I am, I am, I am, I am, I am, I am, I am the chest part of the above E in the right face, and continuously arrested such Defendant as a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of G, H and F;

1. Application of the statutes governing police officers' photographs;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Although it is reasonable to strictly punish the defendant in light of the fact that the punishment of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the defendant is highly serious, it is reasonable to punish the defendant in light of the fact that the defendant recognized the facts of the crime, there is no record of punishment for obstruction of performance of official duties so far, there is no record of punishment exceeding the fine, and there seems to have been an agreement with the damaged police officer, considering the circumstances favorable to the defendant. The method and result of the crime of this case, the circumstances after the crime, the age and character and conduct of the defendant, etc. shall be determined by taking into account all the