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(영문) 의정부지방법원 2017.09.06 2017고단1977
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 23, 2017, around 04:10 on April 23, 2017, the Defendant confirmed that the Defendant’s friendship C was arrested as a current offender to the E District Police Station of the Gu Government Police Station in Gu Government-si D.

The Defendant, who was arrested, kid against the above C while putting the Defendant out of the prison.

In addition, the police officers of the Gu government E police station began to take care of police officers who requested them to leave the earth.

Since then, the defendant did not comply with the request of police officers to move out of the police station, even though he was requested to do so, the victim f, who is the police officer belonging to the police station E zone group belonging to the Jung-gu Police Station, did assault the defendant by flowing the defendant out of the earth's area, by pushing the victim's chest part, by cutting down the victim's breast part, and assaulting the victim's snick part by continuously selling the victim's snick part by drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to a police officer’s photograph and file CD-fashion photograph;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. The Defendant’s act of obstructing the execution of official duties of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was not simply an assault against the police officer, but was open to the public within a district in which many police officers work for the same reason.

It is difficult to easily take advantage of both the motive, background, and behavior of the crime.

However, the defendant has been remarkably divided, and there is no other criminal record except a fine related to one traffic accident.

In addition, the punishment as ordered shall be determined in consideration of the age, sex, environment, attitude after the crime, etc. of the defendant.

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