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(영문) 의정부지방법원 고양지원 2015.05.28 2015고단681
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

At around 21:40 on February 22, 2015, the Defendant: (a) stated that “the drunk customer fright to fright; (b)” in front of the “Catt” located in Soyang-gu, Seoyang-gu; (c) reported 112, the Defendant saw that “I fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright; and (d)

Accordingly, the defendant interfered with the legitimate execution of duties by police officers for 112 report processing and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. G statements;

1. Investigation report ( telephone conversations between shots G);

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case committed by a police officer who commits a crime of this case in order to maintain the reason for sentencing under Article 334(1) of the Criminal Procedure Act and to maintain the social order and to protect the public safety.

However, it seems that the means of obstructing the performance of official duties, the degree of obstructing the performance of official duties, etc. are not much important, contingently, it appears that the act of this case was caused to the act of this case, the fact that one's mistake is divided and reflected, there is no record of punishment exceeding the fine so far, and the defendant's age, character and behavior, environment, motive, means and consequence of the act, the circumstances after the crime, etc. are considered to be punished as a fine, and the punishment shall be determined as ordered by the order.

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