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(영문) 의정부지방법원 고양지원 2018.02.08 2017고단3777
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On November 29, 2017, the Defendant: (a) received a report from the police officer G belonging to the Hayang Police Station F District of the Goyangyang Police Station to the effect that “I am home” on the road in front of the Em-gu, Seoyang-gu, Seoyang-gu; (b) on November 29, 2017, the Defendant used the victim’s right hand-to-face, “I am well,” and used the victim’s right hand-to-face click at one time.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment: The obstruction of the execution of official duties by itself is deemed to be minor.

subsection (b) of this section.

The degree of tangible force exercised by the victimized police officers is not somewhat weak.

The favorable circumstances: the defendant is against the defendant, and there is no same kind of criminal record.

In addition, the defendant's age, sex, family relationship, motive and background of the crime, circumstances after the crime, etc. of this case and all of the sentencing conditions identified in the trial process shall be determined as per the order, taking into consideration.

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