(영문) 수원지방법원 안양지원 2015.12.10 2015고단1580

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Reasons

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자간(%)

(영문) 수원지방법원 안양지원 2015.12.10 2015고단1580

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 01:00 on October 13, 2015, the Defendant asserted that he was sexually indecent at the “Ding Kinginging-si C and underground located in Masing-si, Masing-si, Maning-si, Maning-si, and demanded the Defendant to avoid disturbance under the influence of alcohol, and to return home from the Esing-house affiliated with the Esing-house, dispatched to the site upon receipt of a report, but without disregarding this, the Defendant re-enters into and out of the sing-house, and led the police officer again to the said police officer.

At around 01:30 on the same day, the Defendant, at the street above the “G cafeteria” located on the 1st floor of a singing practice room building, knew that the police officer, “I will go to go to one month in the street,” and “I will go to go to a singing room. I want to go to go to a singing room.” The Defendant obstructed the police officer’s legitimate execution of duties concerning the maintenance of order by the police officer, by stopping the police officer from doing so one time.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the H’s written statement;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The sentencing criteria are not applied since the sentencing of Article 334(1) of the Criminal Procedure Act is sentenced to a fine for the reason of sentencing.

In light of the fact that the defendant committed assault against a police officer in the course of performing official duties, although the nature of the crime is not weak, it is against his mistake, the defendant has no record of punishment as well as no record of crime exceeding the fine prior to the instant case, and other conditions of sentencing such as family relation, age, character and conduct, environment, etc. of the defendant shall be determined in accordance with the order.

참조조문

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