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(영문) 의정부지방법원 2015.05.20 2014고단4219

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

At around 20:30 on November 4, 2014, the Defendant: (a) sent to the Defendant’s house located in Dongbcheon-si B, B, and reported 112 on the effect that he was fright while drunk; (b) the police officer D of the police box called “I would like to arrest a flagrant offender due to intimidation and property damage and damage” to the above D, “I would like to arrest a flagrant offender. I would like to see why I would like to arrest a flagrant offender; and (c) assault D with his head at one time.

Accordingly, the defendant interfered with the legitimate execution of the police officer's duties to arrest flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: A person who exercises violence against a police officer who performs legitimate duties; a person who commits the instant crime during the repeated crime period is relatively minor; a police officer’s degree of violence and intimidation is relatively minor; a repeated crime is not likely to be injured; a police officer’s age, character and conduct, intelligence and environment; a repeated crime is not the same offense; the defendant’s age, character and conduct, relationship with the victim; the motive, means and consequence of the crime; and other factors for sentencing as prescribed in each subparagraph of Article 51 of the Criminal Act, such as circumstances after the crime, etc.