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(영문) 의정부지방법원 고양지원 2016.08.18 2016고단386
공무집행방해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 8, 2016, the Defendant: (a) on February 8, 2016, the Defendant: (b) was asked by the slope G et al. and one other, and “the police officer is not superior” (hereinafter referred to as “the police officer”). (c) on February 8, 2016, the Defendant was asked about the details of the report, the circumstances of the case, etc. by using violence to E, who is the Defendant’s wife, within the third floor

It shall be found out of the internal house.

“Along with a large volume of sound such as “”, the chest of the said G was pushed down by a person who was asked to keep him only from G, with his own hand.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of reports and criminal investigations by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Application of Acts and subordinate statutes concerning the legality of arrest of flagrant offenders (to hear statements by police officers on call);

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. The obstruction of the execution of official duties for the sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Provisional Payment Order, by itself, is against the law.

The sentence shall be determined like the order, considering the records of this case and all of the sentencing conditions identified in the trial process, such as the fact that the defendant cannot be seen (unfavorable circumstances), the defendant is against himself, the injured person does not want the punishment of the defendant by agreement with the victim, and the defendant does not have the same criminal record (contributably favorable circumstances).

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