(영문) 의정부지방법원 2016.10.11 2016고단2573

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2016.10.11 2016고단2573

공무집행방해

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who works as a restaurant employee.

At around 06:10 on May 19, 2016, the Defendant: (a) was under the influence of alcohol in front of “D” on the street in Yangyang-si, Namyang-si; (b) was urged by the police officer to return home from the border of the police station affiliated with the 112 notification; (c) was obstructed by the police officer of the Namyang-gu Police Station Estation, who was dispatched after receiving the 112 notification; and (d) was spiting the spit of the spit of the spit, flaping the head by taking the spit of the spit, removing the spit, etc. in his hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. G statements;

1. A report on investigation, and a list of reported cases;

1. Application of the Acts and subordinate statutes to the police officers' photographs of damaged parts;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be the same as the order, taking into consideration all the circumstances revealed in the pleadings of this case, such as the defendant's age, family relation, tendency, etc. as follows:

The crime related to the obstruction of performance of official duties is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus requires severe punishment for establishing the national legal order and eradicating the light of public authority: The defendant is led to the crime in this case; the defendant committed the crime in this case in contingency under the influence of alcohol; and the degree of violence is not severe; and the victim is the first offender.

참조조문

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