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(영문) 의정부지방법원 2016.05.11 2016고단723
공무집행방해
Text

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

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

Reasons

Punishment of the crime

around 23:50 on December 26, 2015, the Defendant: (a) prevented the Defendant from entering the house to listen to the statement of the case in Southyang-gu Police Station E box belonging to the police officer of the Namyang-gu Police Station, the Defendant sent out after receiving the report of 112 on domestic violence; (b) interfered with the legitimate performance of duties concerning the handling of the police assistant F’s 112 report, which is a public official, by assaulting the police officer, such as the Defendant, who was sent out after receiving the report of 112 on domestic violence; and (c) the Defendant “it is a person suffering from a special war,” and the Defendant’s hand “it is a person suffering from a special war,” and the Defendant interfered with the Defendant’s lawful performance of duties concerning the handling of the report of 112 report by the police officer who is a public official.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A H statement;

1. Application of Acts and subordinate statutes on photographs, 112 reported details;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the Defendant interfered with the performance of official duties by exercising violence against the police officer dispatched after receiving 112 reports.

However, the police officer F, who was assaulted, sought the Defendant’s wife, and the Defendant was able to deposit F with F as a person entrusted with the Defendant and deposited KRW 2 million. The Defendant recognized the instant crime and is against the truth, and there is no record of the crime.

In addition, in consideration of the defendant's age, sex, environment, motive and circumstances leading to the crime of this case, means and results thereof, and the circumstances after the crime, the punishment as ordered shall be determined in accordance with the order, taking into account various sentencing conditions shown in the records.

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