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(영문) 광주지방법원 2017.04.20 2016고단5400
공무집행방해등
Text

The sentence against the accused shall be 5,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

around 20:00 on October 12, 2016, the Defendant: (a) received a report from a taxi passenger in front of the 20:00 Eastdong University of Gwangju, and sent the Defendant a 112 report; (b) the Defendant: (c) expressed that he demanded the Defendant to produce an identification card to verify his identity; and (d) expressed the Defendant that he would be asked to ask for a telephone number; and (c) assaulted D’s chest by having his left hand.

As a result, the Defendant interfered with the legitimate execution of duties by police officers related to on-site dispatch duties under 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D and B;

1. Application of Acts and subordinate statutes to investigation reports (on-site situations, etc.);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant seems to have committed the crime of this case by contingency.

The damaged police officer does not want to punish the defendant.

Unfavorable circumstances: Serious punishment is needed to enhance national confidence in the conduct of obstructing the performance of official duties by police officers in uniform.

The defendant has been punished for the offense of insult against police officers, violation of the Punishment of Minor Offenses Act, etc.

Rejection of Public Prosecution

1. On October 12, 2016, the Defendant: (a) 20:00 on December 12, 2016, the Defendant: (b) was boarding a taxi for business use operated by the injured party B along with his driving at a distance from 6:0 to G in F; and (c) again arrived at the same place.

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