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(영문) 의정부지방법원 2016.03.31 2016고단265
공무집행방해
Text

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

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

Reasons

Punishment of the crime

피고인은 2015. 12. 26. 20:30 경 의정부시 C 앞 노상에서 112 신고를 받고 출동한 의정부 경찰서 D 지구대 순찰 팀 소속 순경인 피해자 E와 같은 팀 소속 경장인 피해자 F이 자신의 동생인 G을 현행범으로 체포하여 순찰차에 태우려는 것을 보고 이를 제지하면서 “ 씨 팔, 내 동생이 뭘 잘못했다고

Miscellaneous;

If the police booms do so, whether or not they are

“Along with the floor of the victim E, the victim E’s face can be taken up with the hand floor, the face of the victim F, which has been removed, can be taken up by hand on the hand floor, and the part adjacent to the left side of the victim F with the arms.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, F, and E;

1. A written statement of I;

1. The criminal place;

1. 112 Notification to a department related to the report of the case;

1. Application of Acts and subordinate statutes to photographs of police officers damaged;

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. The crime of obstructing the performance of official duties by two police officers on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus, it is necessary to strictly punish the police officers in order to establish national legal order and eradicate a light of public authority.

However, there are various sentencing conditions in the records, such as the circumstances favorable to the defendant, such as the defendant's initial crime, the defendant's birth at the scene late in the process of arresting him as the current criminal, and the fact that he seems to have committed the crime of this case, and that the defendant led to the confession of the crime of this case and his mistake, etc., and the defendant's age, sex, environment, motive, means and consequence leading to the crime of this case, and the circumstances after the crime, etc.

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