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(영문) 의정부지방법원 2018.04.12 2018고단148
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

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

Reasons

Punishment of the crime

1. 경범죄 처벌법위반 피고인은 2017. 10. 15. 20:30 경부터 같은 날 21:00까지 양주시 B 404호 앞에서 문을 두드리면서 문을 열어 달라고 소리를 지르고 쓰레기 봉투를 걷어찼다.

Accordingly, the defendant left a large lux, thereby slating neighbors.

2. On October 15, 2017, around 21:00, the Defendant: (a) was arrested as a flagrant offender committing the crime of the above paragraph (1) on the following grounds: (b) around 21:00, the Defendant obstructed the performance of official duties; and (c) around 404, the Defendant was arrested as a flagrant offender on the ground of the facts constituting the crime of the crime of the above paragraph (1) without notifying the Defendant of his personal information

피고인은 순찰차에 탑승하여 양주시 E에 있는 양주 경찰서 C 파출소 앞 길까지 오게 되었는데, 위 순경 D이 피고인을 내리게 하려고 하자, 위 D의 얼굴을 발로 1회 걷어찼다.

Accordingly, the defendant assaulted D and interfered with the legitimate execution of duties of police officers in criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3 (1) 21 of the Punishment of Minor Offenses Act (in the vicinity of a disturbance, selection of fines), and Article 136 (1) of the Criminal Act (in the event of interference with the performance of official duties, selection of imprisonment, etc.);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of applicable sentences under law: Imprisonment for a period from one month to five years, and a fine of 50,000 to one hundred thousand won; and

2. Scope of a recommended sentence based on the sentencing guidelines (Interference with the execution of public duties): Imprisonment with prison labor for six months to one year and six months (the scope of a recommended sentence), and the basic area (from six months to one year and six months) (no person subject to special sentencing) for interfering with the performance of public duties.

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution of one year, and fine of one hundred thousand won; and

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