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(영문) 의정부지방법원 고양지원 2020.06.26 2020고단1094
공무집행방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 01:20 on March 21, 2020, the Defendant thought the instant singing room to be a closed-down room, and reported 112, the Defendant did not find out suspicions of crime in the singing room, and the Defendant’s defect that he returned to the Defendant, “I am home” means that “I am home, I am the same letter as I am, I am to come back, I am to go back, I am spath, and am spath of F ambling E, which requested the above patroler to return home, by hand.

As a result, the defendant assaulted F police officers E and F, thereby obstructing the legitimate execution of police officers' duties in relation to the prevention, suppression, and investigation of police officers.

Summary of Evidence

1. Application of Acts and subordinate statutes in Chapter 3 of the Defendant’s legal statement F and the police statement of each police officer against E;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the act of obstructing the performance of official duties by sentencing is likely to disregard public authority and disrupt criminal justice procedures, and thus, the defendant’s liability for the crime needs not be mitigated.

However, the Defendant stated that the facts charged are recognized and against the Defendant, and that there is no previous conviction and sentence, etc., the degree of obstruction of the performance of official duties is considered as favorable to the Defendant, and the Defendant’s age, character and conduct, family relationship, means and result of the crime, etc., and the punishment shall be determined as ordered by taking into account various sentencing conditions indicated in the present arguments, such as the circumstances after the crime, etc.

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