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(영문) 의정부지방법원 2014.03.25 2014고단333
폭행등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. 공무집행방해 피고인은 2013. 1. 3. 00:55경 남양주시 C에 위치한 ‘D’ 식당에서, 폭행 신고를 받고 출동한 남양주경찰서 E파출소 소속 경사 F으로부터 제지를 당하자 “개새끼야, 나를 놔두라고 씨발놈아”라고 소리치고 이후 경위 G을 상대로 “내가 뭘 어떻게 했는데”라고 소리치며 손바닥으로 경위 G의 왼쪽 가슴 부위를 강하게 밀어 범죄 진압에 관한 경찰공무원들의 직무집행을 방해하였다.

2. In the date, time, and place indicated in Paragraph 1, the Defendant publicly insultd police officers by publicly insulting the Defendant, “I will see whether I will shot, sprink, and sprink to the police officer,” among those with several customers, including H, who were arrested as a flagrant offender and sent to the E box after having been arrested as a flagrant offender and then sent to the E box, etc., on the sprink in which the person in charge of the instant case, such as H, etc., is located.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning G and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), Article 311 of the Criminal Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

1. Articles 70 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, where the defendant assaultss another person under the influence of alcohol, makes a resistance against the police officer called out after receiving the report, interferes with the execution of official duties, and insulting the offense is not good.

However, the defendant is a primary offender with no criminal power, the crime of this case is contingent, and the degree of damage is not heavy, and the defendant repents his mistake.

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