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(영문) 의정부지방법원 2016.03.31 2015고단4507
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On November 8, 2015, the Defendant: (a) was assaulted by her wife C and her daughters on the way in front of 102, on the way in front of the 102-way B operation, and was dispatched to the site on November 21, 2015, and was dispatched to the site by 112; (b) whether the Defendant was a police officer belonging to her police station Ethical Ethmbin who was called to the site; (c)

N. N. N.N.T.T.

“In doing so, assaulted on the part of the left party, such as having the left party walked once on the part of the lower party, and pushing the chest by hand.

Accordingly, the defendant interfered with legitimate execution of official duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements of C, D, and G;

1. Application of Acts and subordinate statutes to the victim F photographic;

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 sentencing of Article 334(1) of the Criminal Procedure Act is highly likely to be criticized for an act of exercising force against a police officer who performed his official duties. However, under the influence of alcohol, the Defendant appears to have committed the instant crime, such as assault, etc., the degree of interference with the performance of official duties is not significant; the Defendant led to his confession of the instant crime and divided his mistake; the Defendant committed a violation of the Road Traffic Act prior to ten years, except for the Defendant who was sentenced to a fine of KRW 700,000,000,000,000,000,000,000,000 won, and other favorable circumstances that are favorable to the Defendant, such as the Defendant’s age, sexual behavior, environment, motive and background leading to the instant crime, means, results, and circumstances after the instant crime, etc., the sentence shall be determined as ordered

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