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(영문) 광주지방법원 2017.01.13 2016고단4970
공무집행방해등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 24, 2016, at around 19:05, the Defendant, at the “E” restaurant located in Gwangju Mine-gu, filed a report that the Defendant was under the influence of alcohol, and committed an assault on the part of the Defendant, by arresting the Defendant as the current offender of the offense of insult, and by arresting the Defendant as the police officer of the Seoul Mine Police Station, and by walking the Defendant at two times the part of H’s left port buckbucks and the part of G.

Accordingly, the defendant interfered with the legitimate execution of the police officer's duties to arrest flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement in each police statement with respect to G and H;

1. Application of the Acts and subordinate statutes written in I;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for a crime against G with heavier punishment);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is not good in that the defendant uses violence against police officers in the course of performing official duties.

The defendant has a criminal record of 11 times.

However, it seems that only criminal records of fines, the defendant recognized the crime from the beginning, and the defendant committed any contingent crime by drinking.

No damaged police officers shall be punished against the defendant.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

The gist of this part of the indictment’s dismissal part of the indictment is that, on October 24, 2016, the Defendant received a report from the “E” restaurant located in Gwangju Mine-gu around 19:05 on October 24, 2016, and the police officer G, and H called “I and other customers, who are employees, have been able to drank alcohol.”

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