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(영문) 의정부지방법원 2016.07.07 2016고단1769
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 100,000 won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

1. On April 26, 2016, the Defendant obstructed the performance of official duties by assaulting the victim C, who was under influence of alcohol in the middle Esl. Sl. 101 and the lower court’s order, at around 22:53 Sl. Sl. Sl. on April 26, 2016, the Defendant interfered with the police officer’s performance of official duties by assaulting the victim’s left face of the victim, who was under influence of 117 Esl. 101.

2. On April 26, 2016, from around 23:03 to 23:20, the Defendant resisted that he was arrested in the act of committing a crime in violation of the Punishment of Minor Offenses Act for the same reason as Paragraph 1 in B located in the Southern-si, Namyang-si, and that he saw the police officers working under the influence of alcohol as “I am son, I am kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn k

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of the main officer;

1. Application of the Acts and subordinate statutes governing the criminal place

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties, choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of freeboard, and choice of fine) concerning the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act (Concurrent punishment for two crimes);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: A crime involving obstruction of the performance of official duties is a crime that undermines the function of the nation by nullifying the legitimate exercise of public authority, and thus requires strict punishment in order to establish the national legal order and eradicate the light of the public authority, circumstances favorable to the fact that criminal punishment for the same crime (Crimes of Interference with the Execution of Official Duties): A confession of a crime and reflects the wrongness, and the defendant over the alcohol.

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