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(영문) 광주지방법원 2017.03.23 2016고단5427
공무집행방해
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

The Defendant, on September 6, 2016, at around 22:35, 2016, filed a report on the 1112 report that a drunk person frights on the front of a C cafeteria located in Young-gun B, Young-gun, the Defendant D’s slope E belonging to the Mine Police Station D’, called “Isson fright” and “Isson frights.

“In the case of the chest E, the breast part of the breast part of E was raised once, and the breast part was pushed in his hand once.

계속하여 피고인은 E이 자신을 공무집행 방해의 현행 범인으로 체포하여 순찰차에 탑승시키려고 한다는 이유로 발로 E의 가슴 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning 112 reporting processing affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of two copies of the 112 reported case processing list, investigation report (F statement by a shot person F), investigation report (related Acts and subordinate statutes, such as the situation of dispatch to the site, reasons for arrest, suspect speech, 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.

Until now, the accused has lived faithfully without criminal records.

Unfavorable circumstances: The nature of crimes is not good in light of the criminal law of the defendant.

It is necessary to strictly punish police officers who interfere with the performance of their official duties for police officers in uniform in order to enhance national public authority's trust.

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