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(영문) 의정부지방법원 고양지원 2017.03.23 2017고단205
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On November 5, 2016, the Defendant, at around 01:19, was arguing with a neighbor C, a neighbor, in front of the apartment site B, and was dissatisfied with each other. On November 5, 2016, the Defendant: (a) was under dispute after having received a 112 report; (b) when the police box attached to the police box of the Pakistan-gu Police Station, which called to the site, was subject to removal from E; and (c) committed assault, such as plucking, plucking, cutting down, and spathing the left hand hand of the above E.

As a result, the Defendant interfered with legitimate execution of duties concerning the dispatch of report site by E 112 who is a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The obstruction of the execution of official duties for the sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Provisional Payment Order, by itself, is against the law.

The punishment as ordered shall be determined by taking into account the following circumstances: (a) the victim is not able to be punished; (b) the defendant is seriously against the defendant; (c) there is no record of criminal punishment for about 15 years; (d) the defendant's age, sex, criminal conduct, family relationship, motive and circumstance of the crime; and (e) all the sentencing conditions identified in the course of the instant case records and the trial, including the circumstances after the crime, etc., and all the sentencing conditions

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