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(영문) 의정부지방법원 2018.11.27 2018고단4190
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 7, 2018, the Defendant was parked in the front of the “C” located in the Namyang-si, Namyang-si.

D Ownership, EM 5 cars expected to be driven by the car, which is the hand, led to voluntary accompanying with the police officers belonging to the police box of the Namyang-ju Police Station, who received 112 reports during the dispute of the occurrence of flag, while flaging the flag of the said car, and called the flag to the above F box located in G at the Southern-ju City.

피고인은 같은 날 23:26 경 위 F 파출소에서 “ 내가 뭘 잘못했냐.

During the process of taking a bath, “A person who was under a disturbance, was aware of taking a dynamic image for the purpose of evidence with H’s view to the police box affiliated with the police box, and assaulted the Defendant’s cell phone located on the table, citing the Defendant’s cell phone located on the table, thereby gathering the above H’s hand and face.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of the 112 reported case and the internal duties of the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of the CD 1 statute

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the crime, the selection of fines;

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

1. The crime obstructing the execution of official duties in sentencing of Article 334(1) of the Criminal Procedure Act does not correspond to the crime that seriously impedes the police officers’ pride and desire to work and that resulting damage ultimately goes to the general public. However, the degree of the assault of this case is minor, the police officers want not to be punished against the defendant, the defendant is against the crime of this case, and the defendant is not guilty.

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