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(영문) 의정부지방법원 2014.12.05 2014고단3379
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 23:50 on June 7, 2014, the Defendant arrested a flagrant offender under suspicion of assaulting other persons while under the influence of alcohol on the front of “Ecafeteria” located in Gwangjin-gu Seoul Special Metropolitan City, and around 00:25 on June 8, 2014, the Defendant told F to wait for the Defendant to sit in the waiting room even after he was bound to a criminal and office of the Gwangjin-gu Seoul Special Metropolitan City Gwangjin Police Station and office, Gwangjin-gu, Seoul Special Metropolitan City on June 8, 2014, and the Defendant continued to sit in the waiting room of the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the maintenance of order in the police station.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the F Statements;

1. Relevant legal provisions for criminal facts and Article 136 (1) of the Criminal Act for the choice of punishment (such as: (i) the selection of a fine - the character of a criminal act; (ii) the first offender who has no past criminal power; (iii) the instant case appears to have occurred by drinking rather than the realization of violent tendency; and (iv) the fact that one million won has been deposited for the victim);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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