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(영문) 의정부지방법원 고양지원 2019.06.26 2019고단1014
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

At around 02:45 on April 18, 2019, the Defendant: (a) filed a 112 report that there was a person used under the influence of alcohol, and (b) the victim D, an employee E of the convenience store in the vicinity of the Defendant, who was dispatched to the site, asked the victim of the victim D, who was an employee E of the Busan East East Police Station C district, to look at his house address in order to enable the Defendant to return home; and (c) assaulted the F (the age 27) with the victim, who was urged to return home from the police officer belonging to the same patrol group, to take care of the victim’s house in the presence of the victim E and the people passing through, with the large interest of “ging Chewing, Chewing,” and assaulted the victim, who was urged to go home from the F (the age 27) toward the right bridge.

Accordingly, the defendant openly insulting the victim, and interfered with the police officer's legitimate execution of duties concerning the handling of reports and criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and F;

1. E statements;

1. A complaint;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, the choice of a fine for the crime, the choice of a punishment, and the relevant Article of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of added-up);

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

1. Article 334(1) of the Criminal Procedure Act of the provisional payment order assaults a police officer in the course of performing official duties, and insults is not clear. However, it is so decided as per Disposition in consideration of the contents of the instant crime, the level of violence by the Defendant, the degree of damage by the police officer resulting therefrom, the absence of the same kind of criminal records, the deposit to the police officer (each of 300,00 won deposit), the Defendant’s reflects the fact that the Defendant deposited with the police officer, and all of the sentencing conditions under Article 51

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