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(영문) 의정부지방법원 2016.01.25 2015고단3993
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

On September 27, 2015, the Defendant: (a) received a report from the police officer, who was called to the effect that the Defendant would escape from disturbance, such as blocking a vehicle that is under the influence of alcohol on the front of the CGV film theater in front of the CGV film theater at the time of the Government on September 27, 2015; and (b) was urged by the police officer of the C police station B police station, who was called to have the said C to return to the house on the house by using a proxy driving, and was urged by the said C to have the said C returned to the house on the two hand, and the said C’s chest was pushed back on the two hand, and obstructed the lawful performance of duties of the police officer in relation to the maintenance of order by assaulting the said C, i.e., one time at the left part of the C’s hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 136(1) of the Criminal Act of the choice of a punishment, and the selection of a fine (the defendant, upon receiving a report, assaults a police officer under the influence of alcohol when he/she gets home and the nature of the crime is not good. However, the defendant is selected by taking into account the fact that he/she has no record of punishment for violence, etc., and that the degree of violence is not severe, and the amount of fine is determined);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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