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(영문) 의정부지방법원 고양지원 2016.08.18 2016고단1361
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On May 1, 2016, around 04:10, the Defendant, at the D main points located in the Seo-gu, Seosan, Seoyang-gu, Seoyang-gu, Seoyang-gu, around May 1, 2016, sent out after receiving 112 a report, obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 Report by assaulting the above F on one occasion to listen to the statements of the business owner and soliciting him to return home to the Defendant and his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to investigation reports (the statement, etc. of the owner of a D cafeteria);

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 obstruction of the execution of official duties for the sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Provisional Payment Order, by itself, is against the law.

In light of the records of this case and all of the sentencing conditions identified in the trial process, such as the fact that the degree of exercise of the accused's tangible power is serious (unfavorable circumstances), the accused is against the beginning offender, and the accused does not want the punishment of the injured party (contribute circumstances) by agreement with the injured party, etc., the punishment shall be determined like the order.

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