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(영문) 의정부지방법원 고양지원 2017.02.02 2016고단3594
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

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

Reasons

Punishment of the crime

1. On October 16, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) around 16:30, 2016, the Defendant: (b) Hayang-gu, Seoyang-gu, under the investigation of the Defendant’s frank D on the charge of assault; (c) Haak-gu, the Defendant francing the disturbance in the earth; and (d) Haak-gu, on the back of the earth, the police officers sent the disturbance to the outside of the earth; and (c) Haak-gu, the Defendant francked and hicked the franc in the public office, while under the influence of alcohol, by smugglinging the francs, and destroying the earth to the bottom, making it possible for the police officers to flow the disturbance out of the earth.

2. The Defendant obstructed the performance of official duties at the above date, time, place, and so on, the Defendant: (a) was under the influence of alcohol and the police officers belonging to the said C District; (b) was able to arrest a flagrant offender with suspicion for the cancellation of the government office’s state.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation in official books, and the selection of fines);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the Criminal Act concerning the punishment of concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment: The obstruction of the execution of official duties by itself is deemed to be minor.

shall not be deemed to exist.

If the method and contents of the crime interfering with the performance of official duties are very bad.

There are several criminal records related to violence, and victim police officers want to punish the defendant.

The favorable circumstances: The defendant is seriously against the defendant, and there is no record of being punished as a obstruction of the execution of official duties.

otherwise, the age of the defendant;

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