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(영문) 의정부지방법원 고양지원 2017.01.05 2016고단3184
공무집행방해등
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

1. 모욕 피고인은 2016. 10. 9. 06:35 경 고양 시 일산 동구 B 아파트 3 단지 앞에서 신고를 받고 출동한 C 파출소 소속 경찰 공무원인 피해자 D(29 세 )에게 위 E 및 불특정 다수의 주민들이 지켜보는 가운데 “ 야 이 개새끼야! 이 새끼 나이도 어린 놈의 새끼가 말을 그따위로 해! 어디서 눈을 꼬라 봐 이 새끼야! 야 이 새끼야 맞짱 한번 뜰까!

Dok Dok Dok Dok Dok Dok Dok Dok Dok Dok Dok Dok Dok Dok Dok

In a large sense, “the victim was insultingly humiliated by openly humiliating.”

2. The Defendant, who obstructed the performance of official duties at the time and place specified in the preceding paragraph, committed assault against the foregoing D (29) who is a public official of the police box affiliated with the C police box, by hand, took the bath as above, and 2-3 tightly pushed the said D’s trees and chests, and pushed the said D’s body on the ship.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the selection of fines, respectively, for the crime;

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

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment: The obstruction of the execution of official duties by itself is deemed to be minor.

subsection (b) of this section.

B. A child committed an insulting offense against a victimized police officer.

The circumstances (the 24th page of the investigation records) after the police officer stated the crime are very bad.

The favorable circumstances: The defendant is seriously against the defendant, and there is no record of punishment exceeding the fine.

The defendant deposited KRW 500,000 to the victim.

It seems to be a contingent crime.

The age, sex, health, environment of the defendant, and others.

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