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(영문) 의정부지방법원 2015.05.06 2015고단210
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. From January 8, 2015 to 23:15 on the same day, the Defendant got a victim C and D, who is a police officer belonging to the police station B district unit of the Speaker Police Station, dispatched after receiving a report from 112 to the purport that the customer (the Defendant) does not make a substitute driver’s fee on a gold-ro 366 gold-ro between 13:15 on the same day.

The Defendant repeatedly abused the victims by repeatedly asking the victims who want to return home, and by repeatedly seeing that E, a substitute driver, was drunk, the Defendant expressed to the victims “a bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch, bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch, and the victims

2. The Defendant, at the above date and place of the obstruction of performance of official duties, had the police officer asked questions as to where the police officer’s address would be in a repeated manner while taking a bath for the above police officer, and subsequently, committed assault by threatening C by drinking in a breath, following the breath’s escape.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of 112 reported police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. E statements;

1. Application of C and D of each statute applicable to the complaint;

1. Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that the defendant should be punished strictly because he/she has expressed a desire to police officers performing official duties and has interfered with the performance of official duties.

However, the defendant's perception of crime and reflects his depth, so far, the obstruction of performance of official duties is the crime.

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