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(영문) 의정부지방법원 고양지원 2016.02.19 2015고단3399
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On October 31, 2015, the Defendant: (a) reported the damage to D District District located in Seo-gu, Seo-gu, Busan, Seo-gu; (b) on October 31, 2015, the Defendant was under the influence of alcohol to the effect that he was subject to indecent act from a person who is unaware of the police; (c) and (d) made a written statement of damage during consultation with E, the police officer belonging to the said District.

The Defendant, while under the influence of alcohol, is a police officer belonging to the said patrol group, “Is the offender,” and the Defendant is a police officer belonging to the said patrol group;

Whether it is necessary to prepare a dint of the dint of a dint of the magazine

“A statement in the process of drawing up “A” was drawn up in the face of the police officer, and the sound was 20 minutes over, and the disturbance was committed, and the police officer was urged to return home from G, the police officer of the said earth, from G, the police officer of the said earth, to walk the core part of the police officer G once, and to walk with the left hand of the police officer.

계속하여 피고인은 이를 제지하는 순경 F의 왼쪽 허벅지 부위를 오른쪽 발로 3회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of official duties by violence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A written statement;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of an alternative fine for punishment;

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

1. Although the criminal reasons for sentencing under Article 334(1) of the Criminal Procedure Act are inferior to the details and degree of the crime, it appears to be a contingent crime, the situation in which the victims deposit part of the damage for the recovery of damage, etc. has been peeped, after the alcohol is frighted, his mistake is divided and reflected, there has been no history of criminal punishment in the Republic of Korea.

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