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(영문) 수원지방법원 성남지원 2015.01.09 2014고단2678
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

At around 20:25 on October 5, 2014, the Defendant: “A police officer of the Sungnam Police Station C, who was dispatched after receiving a report of domestic violence, etc. before the Defendant’s home located in Seongbuk-gu, Sungnam-si, Sungnam-si, and received a report on domestic violence, etc. before the Defendant’s home located in Sungnam-si, interfered with the police officer’s legitimate performance of duties by threatening, by threatening D to call a disturbance and forced him to enter the house, and preventing D from doing so.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The investigation report (as to the statement of the shote)

1. Application of Acts and subordinate statutes to field photographs and small photographs;

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the accused has committed a crime; and (b) the accused has not been punished for obstruction of performance of official duties; and (c) the sentence shall be determined as per the order.

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