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(영문) 전주지방법원 2017.02.24 2016고단2445
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 28, 2016, the Defendant: (a) committed assault against the said G by the police officer G belonging to the police station in Geumcheon-gu Police Station in Seoul, Seoul, upon receiving 112 a report that the male who returned was frighting a frighting to enter the house and a frighting the glass, at around 19:10 on September 28, 2016; (b) he received a request for the eviction from the police officer G belonging to the Fergaon-gu Police Station in Seoul, Seoul; and (c) assaulted the said G, such as frighting frighting, frightening, frightening, etc., once on the face of G.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to H;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to investigation records (E statement hearing);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The crime of obstructing the execution of official duties is not good for the reason unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act, and the defendant committed the crime of this case without being aware of it during the period of probation.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, the exercise of tangible power is relatively minor, the defendant has no record of criminal punishment due to the obstruction of the execution of official duties, and the defendant wanted the defendant's wife by agreement with the victimized police officer.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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