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(영문) 의정부지방법원 2016.04.14 2016고단386
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On February 1, 2016, at the defendant's house, B 101 Dong 301, 201, the defendant, who was reported to the effect that "the drugs were potable during the marital fighting" were "meed" at around 21:15, the defendant interfered with the legitimate performance of police officers' official duties by assaulting the victim victim D, who belongs to the 2 team patrol patrol team, into the house in order to check the site, and blocking the victim D from entering the house in order to check the site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. The criminal place;

1. Investigation report (to hear statements by sphos telephone);

1. A report on investigation (to hear statements from a victimized police officer and report);

1. Application of Acts and subordinate statutes on investigation reporting;

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 related to obstructing the performance of official duties for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a crime that undermines the function of the State by nullifying the exercise of legitimate public authority. Thus, it is necessary to strictly punish the defendant for establishing the State’s legal order and eradicating the light of the public authority. However, the punishment as ordered by the order shall be determined by taking into account the circumstances favorable to the defendant, such as the confession of the crime in this case, his mistake, and the fact that the defendant seems not to have any record of punishment for the same crime, and the fact that the defendant does not have any record of punishment for the same crime, such as the defendant’s age, sexual behavior, environment, motive, means and consequence leading up to the crime in this case, and the circumstances after the crime, etc.

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