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(영문) 의정부지방법원 2015.11.24 2015고단1888
특수공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 10:20 on February 18, 2015, the Defendant: (a) filed a report on the fact that “the head of the Sinyang-si E Apartment 2303 2301 dong 2301 dong 2301” before the Defendant’s office, and requested the cooperation of the G (45 years old) of the G (45) of the G (35 years old) of the G, the Assistant H (35 years old), the assistant H (35 years old), and the police officer I (3 years old), called “the head of the Sinyang-si, the head of the Sinyang-si, the head of the Sinyang-si, the head of the Sinyang-si, the head of the Sindong-si, the head of the Sinyang-si, the head of the Sindong-si, the head of the Sinyang-si, the head of the Sindong-si, the head of the Sinsan-si, the head of the Sindong-do 490cm.

Accordingly, the Defendant carried dangerous objects and interfered with the legitimate execution of duties concerning the crime prevention and handling of reports by the above G, H and I as police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. G statements;

1. On-site and photographs of criminal tools;

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

1. Articles 144(1) and 136(1) of the Criminal Act applicable to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order against a police officer who was called out after receiving a report by the defendant is criticized for obstructing the performance of official duties by using a mountain and steel cat, and the quality of the crime is not good.

However, there are circumstances such as the fact that the defendant lives without particular criminal power for about 10 years, and actually did not cause human and material damage, that 112 reports were derived from misunderstanding and reported, that the defendant repents and reflects his mistake, and that the defendant's health is not good, so it is necessary to care and care of the defendant.

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