(영문) 의정부지방법원 고양지원 2015.12.10 2015고단2753

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(영문) 의정부지방법원 고양지원 2015.12.10 2015고단2753

공무집행방해

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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

Criminal facts

On August 29, 2015, at around 01:40, the Defendant: (a) stated 112 report that “any person is under the influence of alcohol” in front of the kitchen No. 28, Sari-ro, Seocheon-gu, Sari-gu, Sari-ro, Sari-gu, Sari-gu, Sari-si, and recommended C to return home to the scene; and (b) stated C’s rejection of this request and boarding the patrol vehicle; (c) stated C’s desire to stop the patrol vehicle; and (d) stated C’s chest to the delivery of the Defendant from the vehicle, and displayed C’s face to C.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers for handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

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

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The circumstances of the crime of this case that interfered with legitimate performance of official duties by means of abusiveing, assaulting, etc. against the police officers, who have attempted to help the defendant, who was used on the way of sentencing in accordance with Article 334(1) of the Criminal Procedure Act, of the provisional payment order, are not good. However, it seems that the crime of this case is likely that the method of obstructing the performance of official duties, the degree of obstructing the performance of official duties thereby, etc. are not much severe, and the crime of this case is likely to be caused by contingently, and it seems that it was too late and against each other, and that there was no history of punishment exceeding a fine until now, and most of the crimes related to violence, including the same kind of crime, were old, shall be selected and punished.

The age, character and conduct, environment, records of crimes, motive, means, results, circumstances after crimes, etc. of defendants.

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