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(영문) 의정부지방법원 2017.11.14 2017고단4153
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000 (No. 2,000).

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

Reasons

Punishment of the crime

On August 26, 2017, at around 01:05, the Defendant visited the police box B located in Namyang-si, Namyang-si due to the unbreaon-si problem, and obstructed the legitimate performance of duties by the police officer in consideration of spiting, taking the bath, taking the bath, and met the above D's face, and obstructing the police officer's lawful performance of duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. E statements;

1. A report on investigation;

1. A damaged photograph;

1. Application of the Acts and subordinate statutes governing damaged images and caps, CCTV images, and CCTV CDs;

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. In light of various circumstances, such as the circumstance leading up to the crime acknowledged by the evidence duly adopted by the court, the means and method of the crime, and the Defendant’s behavior before and after the crime, determination of the Defendant’s mental and physical disorder under Article 334(1) of the Criminal Procedure Act, it cannot be deemed that the Defendant had no or weak ability to discern things under the influence of alcohol at the time to make a decision.

The reason for sentencing is that in light of the form, content, etc. of the crime of this case, the liability for the crime of this case is not less complicated.

However, the defendant presented his attitude against his mistake, and sought a letter to the victim, and the victim accepted it and did not want the punishment of the defendant.

There is no record of criminal punishment against the defendant.

The relationship between the defendant's social ties is clear, and the detention of the defendant is likely to involve excessive difficulties for his family members.

In addition, the punishment shall be determined by comprehensively taking into account the various circumstances shown in the pleadings of this case, such as the age, sex, environment, and circumstances before and after the crime.

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