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(영문) 의정부지방법원 고양지원 2020.06.10 2019고단3726

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

1. At around 22:55 on July 16, 2019, the Defendant received 112 notification to the effect that “any person is present at the time,” and sought access to E, etc. from the police officers affiliated with the Goyang Police Station C District, which was called up, at the same time, to the effect that “any person is present at the time,” the Defendant was forced to visit D’s face once a week, and the Defendant took one time as a drinking to the police officers belonging to the same district group to control it.

Accordingly, the Defendant assaulted as above and interfered with the legitimate execution of duties of police officers concerning the suppression and investigation of crime prevention.

2. The Defendant damaged public goods at the above date and time, and at the above place, when he was arrested as a flagrant offender due to the above facts constituting the crime, she opened a franct, which was worn by a policeman D, by hand, and was on the floor.

Accordingly, the Defendant damaged the Bald Camp, which is an object used by public offices, to be repaired at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Each statement made by the police officer in F and D;

1. Each statement prepared by E, G and H;

1. 112 Entry of a list of reported cases; and

1. Application of Acts and subordinate statutes on images of photographs;

1. Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment shall be imposed for the crimes of obstruction of performance of official duties between each of the crimes of obstruction of official duties on the market, and the crimes of obstruction of official duties, which are heavier D and rush);

1. Selection of each alternative fine for punishment;

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

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

1. The nature of the crime is very poor in that the defendant's reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order uses violence to police officers who are performing legitimate official duties.

(b) the defendant;