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(영문) 의정부지방법원 2016.09.23 2016고단2499
공무집행방해
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around 02:00 on June 16, 2016, the Defendant ordered D'D D D'B C', which had been under the command of a mixed drinking alcohol and an alcoholic beverage, and was asked to ask questions about personal information from the slope F to the police box affiliated with the Gu's Police Station E box sent to the site by the customer upon receiving a report of 112 that the customer does not pay the drinking value. However, the Defendant expressed the above F to the said F with a large voice “ageed fat, fat, fat, fat, fat, and fatd.” On the hand floor, the Defendant expressed that “F's chest was fatd and fated at five times on the hand, and fatd by hand.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Investigation report (on-site conditions and paperless deposits), investigation report (hereinafter referred to as the “investigation report”);

1. Application of Acts and subordinate statutes to photograph videos;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The Defendant’s crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is an act that interferes with the legitimate performance of duties by a police officer, and requires a strict punishment for the Defendant at the level of eradicating the light of public power in our society.

However, in light of all the circumstances, such as the Defendant’s confession and reflect on the instant crime, the primary offender who has no record of criminal punishment until the date of the instant crime, and the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., the punishment as set forth in the text shall be determined.

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