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(영문) 광주지방법원 장흥지원 2018.04.19 2017고단247
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On December 9, 2016, the defendant, who is engaged in agriculture, was to proceed with voting on impeachment in the National Assembly, and participated in the affirmative assembly on the impeachment that is held in the vicinity of the National Assembly.

At around 13:02 on December 9, 2016, the Defendant attended the above assembly, which was not reported by police officers belonging to the former North Korean National Police Agency E, during the assembly, and who was prevented from driving by F on the ground that the 2nd 2nd cater entered the road and threaten public safety by entering the road, and assaulted the D, who was walking the above police officers on the cater, by participating in the above cater and walking the above police officers on the cater, and walking up two police officers.

Accordingly, the defendant conspired with D and interfered with the legitimate execution of duties concerning the maintenance of police officers' assembly order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes to a report on investigation (refilled photographs);

1. Articles 136 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

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. In full view of the elements of sentencing under Article 334(1) of the Criminal Procedure Act as well as the elements of sentencing under the grounds for sentencing, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, circumstances before and after the crime, and circumstances before and after the crime, the punishment is determined as ordered.

The factors of sentencing favorable to the defendant: The confession of the defendant, the defendant was present at an assembly of I impeachment with the police, resulting in the crime of this case in the process of confrontationing with the police, the degree of the exercise of violence is relatively not more severe, the defendant has no record of criminal punishment heavier than imprisonment without prison labor.

The factors of sentencing that are disadvantageous: large scale.

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