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(영문) 의정부지방법원 고양지원 2015.01.23 2014고단2653
공무집행방해
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 02:00 on October 25, 2014, the Defendant assaulted B, who is a taxi engineer, on the front side of the Pamping apartment shop located in 13-ro, Pamping apartment shop, and was reported to the taxi engineer, and attempted to assault the taxi engineer continuously after being dispatched to the police officer D belonging to the Gyeonggi-gu Police Station C District, the Gyeonggi-gu Police Station, and the police officer, and attempted to keep the taxi engineer from the aforementioned D, etc.; (b) was able to take the flick of the above D’s head, flick, and flicked three times for drinking, and the above E used the blick part of the breast part of the above E as drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the dispatch of police officers to the scene and suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and B;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs of damaged parts (investigative records No. 20 pages);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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 crime of this case in which a police officer, who performs legitimate duties, takes a desire to commit the crime of this case, and uses violence, is not very good in terms of the nature of the crime. In light of the process of the crime of this case and the attitude of the defendant, who is seen in the process of investigation after the crime of this case, the defendant must be strictly punished.

However, in consideration of all the circumstances, such as the fact that the defendant reflects the wrong and the fact that there is no record of criminal punishment, the punishment shall be determined as ordered by a fine.

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