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(영문) 의정부지방법원 2016.10.21 2016고단3483
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

At around 23:55 on July 28, 2016, the Defendant, upon receiving 112 a report that South students were written in front of the “C” located in the Gi Government City B, and recommended them to return home from the head E belonging to the D District Police Station of the Gyeonggi Government Police Station, which called “Chewing feass, nicks,” and assaulted the left face of the above E one time by a sudden hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Written statements in F and G;

1. Entry of damaged photographs and application of video Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The Defendant’s crime of obstructing the legitimate execution of official duties by assaulting police officers on the reason of sentencing (the sentencing criteria are not applied since the punishment was selected by a fine) under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order cannot be deemed to be light.

However, considering the fact that the defendant is living together with the confession of the crime, there is no record of criminal punishment, that the defendant was a minor at the time of the crime, and that the suspension of execution of imprisonment could have a significant impact on the future life of the defendant who became adult when he/she is sentenced to a suspended sentence of imprisonment, he/she shall be sentenced to a fine to be sentenced.

In addition, the amount of fine was determined considering the circumstance of the defendant, who is a student status.

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