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(영문) 의정부지방법원 고양지원 2019.10.24 2019고단2205
공무집행방해
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 21, 2019, around 05:05, the Defendant got to a flagrant offender arrested on suspicion of committing an indecent act against D, who is a female living together with the Defendant, in a zone C district of the Pakistan Police Station located in Pakistan, at around 05:05 on July 21, 2019, and was removed from E from the above zone E, and was tightly pushed off by hand, and knee and knee of E’s left kne and kel were able to go to the left hand of E, respectively.

As a result, the Defendant interfered with the legitimate performance of official duties of police officials on the protection of people's lives and bodies, prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Sovereign photographs of a victimized police officer;

1. Application of CD-related Acts and subordinate statutes

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. In order to establish the legal order and order of the country with reason for sentencing of Article 334(1) of the Criminal Procedure Act and eradicate the light of public authority, it is necessary to strictize the crimes of obstruction of performance of official duties.

However, the defendant shows his attitude to reflect his mistake.

The Defendant appears to have committed violence against the victimized police officer in the situation where his/her cohabiting female was damaged by indecent act, by fluorizing easible conduct, and going against his/her interest and preventing the Defendant. Although the Defendant’s act cannot be deemed justifiable, there are some circumstances that may be taken into account in the course of committing the crime.

After the closing of the argument in this case, 300,000 won was deposited by the victim police officer.

It is the first crime.

Other circumstances shown in the records and arguments of this case, such as the background of the crime of this case, the form of violence and the degree of violence, the degree of obstruction of official duties, the age, character and conduct of the defendant, living environment, and circumstances after the crime, shall be determined as ordered in consideration of the records and arguments of this case.

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