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(영문) 광주지방법원 2017.04.13 2017고단573
공무집행방해
Text

The sentence against the accused shall be 5,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On January 28, 2017, at around 00:10, the Defendant moved to E office, a protective facility in the Dong-gu, Gwangju-si, according to the circumstances surrounding the police station B located in the Dong-gu, Gwangju-si, upon receiving a report from the Governor, who was found to be drinking, in the vicinity of the seafarer market located in the Gu-dong, Gwangju-gu, Gwangju-si.

The Defendant continued to report that C is entering the E employee and the Defendant’s admission procedures, and C took once, without any reason, less than C’s back on drinking.

Accordingly, the defendant interfered with legitimate execution of duties by police officers in relation to protective measures under the law.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

1. Application of Acts and subordinate statutes to a report on investigation and a report on investigation;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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 based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant seems to have committed the crime of this case by contingency.

The degree of assault by the defendant is not severe.

Unfavorable circumstances: Serious punishment is needed to enhance national confidence in the conduct of obstructing the performance of official duties by police officers in uniform.

Defendant has been punished for the same kind of crime.

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