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(영문) 수원지방법원 성남지원 2015.02.13 2014고단2665
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On September 28, 2014, at around 05:28, the Defendant: (a) received a report that he was under the influence of alcohol at the entrance stairs of the Domototong-si, Sungnam-si, and reported that he was under the influence of diving; and (b) the police officer F of the Sungnam Police Station E box belonging to the Sungnam Police Station E box, who was called up and called out, brought the Defendant a bath for her returning home, she pushed up the F with the shoulder, and obstructed the police officer F’s legitimate performance of duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Photographs;

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

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the nature of the crime of this case is not less than that of the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the punishment as set forth in the order shall be determined, considering the fact that the defendant did not have any previous record of having been punished for obstruction of performance of official duties, and that the defendant did not have any previous record of having been punished for obstruction of performance of duties

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