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(영문) 의정부지방법원 2017.07.10 2017고단2298
공무집행방해
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant, at around 22:50 on May 14, 2017, filed a 112 report that he was frighting in front of the calendar of the two weeks, Spaw-ro, 929, and was called to the Defendant, who was under the influence of alcohol, to request the Defendant to return home from D and policemen belonging to the police box, and the Defendant, without any justifiable reason, under the influence of alcohol.

“A dump dump, fump, and fumped the right shoulder of the D at the left hand on one occasion.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. The application of the video and voice Acts and subordinate statutes to video CDs, the criminal scene of which is recorded;

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. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (the sentencing criteria shall not apply as the case has been selected by a fine)

Although the defendant again commits a crime within the period of repeated crime, the amount of fine was determined by taking into account the following factors: (a) the defendant has already been punished for the same kind of crime, taking into account the fact that he/she led to the confession of the crime; (b) the degree of assault committed by the defendant was not much serious; and (c) deposited one million won for the damaged police official; and (d) the defendant has already been punished for the same kind of crime.

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