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(영문) 의정부지방법원 2016.09.01 2016고단2873
공무집행방해
Text

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

In the event that the Defendants did not pay the above fine, the fine shall be respectively imposed.

Reasons

Punishment of the crime

1. On June 5, 2016, at around 23:11, Defendant A driven a vehicle in the state of drinking alcohol concentration of 0.135%, and controlled drinking in the Solarlue Eup in Macheon-si, Macheon-si, the Defendant: (a) stated that Defendant C of the Macheon Police Station C, who is under drinking control, stated that “Yacheon-si Wook Wook Wook Wook Wook Wookk,” and said title was placed one time on the right drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on drinking control.

2. On the same day, the Defendant, while moving along the above vehicle, reported that he was arrested by the Defendant in the act of committing the crime as referred to in Paragraph 1, and 2 of this Article, reported that he was arrested by the Defendant in the act of committing the crime as referred to in Paragraph 1, and obstructed the progress of the patrol by 100 meters away from the string of the patrol to return to the Macheon Police Station as he left the string of the above E, stating that he “spack spack spack spack spack sp. sp. sp. sp. sp. sp. sp. k. sp. sp. sp. sp. k

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning drinking control and investigation.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement of D and E;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes on investigation reports (vehicle booms CD attachment);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act (Defendant B) of the Commercial Competition Act;

1. Selection of each alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime related to the obstruction of performance of official duties on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus, it is necessary to establish a national legal order and eradicate the light of the public authority.

However, it seems that the Defendants led to their confessions of the crimes of this case and divided their errors, and the degree of violence and obstruction of performance of official duties seems not to be serious.

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