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(영문) 의정부지방법원 2013.09.11 2013고정1761
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 19, 2013, the Defendant: (a) received a report from the Namyang-si, Gyeonggi-do, that “A house operation 204 of the said house is unable to be slickly sleeped on the upper floor” of D residing under 104 of the said house; and (b) explained the developments during which the Defendant called out from one other than the Chief F of the police box affiliated with the Namyang-si Police Station Epis, and explained, “I am out of the inside; (c) I am the Prosecutor General; (d) I am the face of the said F one time at his hand; and (d) during the process of arresting the said act as a flagrant offender of the obstruction of the performance of the performance of official duties, the Defendant exceeded 25 minutes of the report, including the slick F of the report that “I am, slick, and sleep.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are against the Defendant when committing a crime, and the amount of the fine as above is determined by comprehensively taking account of the following factors: the background and consequence of the instant crime, the means and consequence thereof, the circumstances after committing the crime, the age of the Defendant, character and conduct, family environment, etc.

It is so decided as per Disposition for the above reasons.

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