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(영문) 의정부지방법원 고양지원 2016.05.12 2016고단63
공무집행방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On December 13, 2015, at around 00:45, the Defendant: (a) fighting the head debt between the Defendant and E, his private village, and (b) fighting the other female, upon receipt of a report to the effect that the Defendant was in a disturbance; and (c) received the notification from G on the police officer’s guards belonging to the Japanese Police Station F District of the U.S. Police Station, and received an examination of the said fighting match, the Defendant expressed the above police officer’s face at one time with the Defendant’s hand, while making the said police officer’s desire to “Ye-Se-Se-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

As a result, the Defendant interfered with the legitimate performance of official duties by police officers concerning the handling of reporting duties and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Penalty of one million won to be suspended (one million won per day at the detention in a workhouse);

1. Sentencing under Article 59(1) of the Criminal Act

1. The scope of punishment by law: Fine not exceeding 10 million won;

2. Whether the sentencing criteria are applied: It is a small case and a suspended sentence of a fine.

3. Determination of sentence: Suspension of sentence (including the first offense for which the defendant is to be considered in the crime of this case, such as contingent crimes, the fact that the defendant deposited a certain amount for the police officer, the fact that the defendant repents the errors, and other circumstances, such as the age of the defendant, sexual conduct, and the punishment of a fine by the public prosecutor);

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