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(영문) 의정부지방법원 2015.06.12 2014고단4634
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. At around 22:50 on November 28, 2014, the Defendant, after receiving a report from the Defendant on the proxy engineer D’s 112 report that he/she was assaulted by the Defendant on the front of the C cafeteria located in the Namyang Police Station E zone in the Namyang Police Station E zone, expressed the victim F, who is a police officer belonging to the Namyang Police Station E zone, and the victim F, who was asked by G about the developments of the assault, to the said police officer “this Chewing baby” by openly insulting the victims.

2. The Defendant assaulted the police officers, such as F, a police officer belonging to the Namyang Police Station E District E District, and G, who tried to arrest the Defendant as a flagrant offender due to the assault against the Defendant’s proxy engineer and the offense of insulting the police officers, by hand, sealed the left side shoulder of G, and boomed the F, which prevents him from taking it into his hand.

Accordingly, the defendant interfered with the police officer's duty of 112 reporting and legitimate duty of arrest of flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D, F and G;

1. Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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

1. In light of the fact that police officers were insulting by taking a bath to police officers on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, and the Defendant assaulted two police officers to interfere with police officers’ legitimate performance of official duties, etc., the nature of the Defendant’s crime is not easy.

However, there is no criminal history of suspended execution or more than that of the defendant's mistake, the fact that the defendant recognized his/her mistake, the extent of violence and intimidation is relatively minor, and a certain amount of money is deposited for the damaged police officers.

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