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(영문) 의정부지방법원 고양지원 2016.01.15 2015고단3028

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 October 2, 2015, the Defendant damaged the victim’s property by exposing the Defendant’s E (25 years of age) in front of “D E” located in Gyeyang-gu, Gyeyang-gu, Seoyang-gu, Seoul at the time of Goyangyang-gu around October 22:25, 2015.

2. 공무집행 방해 피고인은 같은 날 22:41 경 고양 시 덕양구 성사동 KT 전화국 인근에서, 위와 같은 사유로 112 신고를 받고 현장에 출동한 고양 경찰서 F 지구대 소속 경사 G이 피고인을 현행 범인으로 체포하여 순찰차 뒷좌석에 태워 호송 중, 아무런 이유 없이 갑자기 발로 휘어지는 보호 격벽의 윗부분을 뚫고 운전 중인 G의 머리 부위를 수차례 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to G and E;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the selection of fines for each crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the details and degree of each crime committed on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act is inferior, it does not seem that it is a contingent crime, the degree of damage to property is significant, the victim of the damage to property was smoothly agreed with the victim of the damage to property, the time for police officer to exercise physical power was not a direct compromise with the victim, and the defendant made efforts to compensate for the damage, such as deposit of KRW 2 million for the victim, and the defendant has no record of criminal punishment in the Republic of Korea, the defendant's gender, age, family relationship, and nationality.