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(영문) 의정부지방법원 2015.11.20 2015고단3022
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 2, 2015, at around 14:50, the Defendant was asked about the police officers C belonging to the Gyeongginam Police Station, and the reasons why he would escape a disturbance from the Donnam Police Station called upon receiving a report that the drunk person would escape a disturbance, and took a bath without any special reason, the Defendant used the said C’s chest at one time, d's hand with a stone in the vicinity of the said C, and d's upper end, with a stone (scale of the table) around the said C's upper end, and used the said D's upper end in two arms. After putting the Defendant into two arms, the Defendant used the said D's upper end and continuously pushed the shoulder once again, and walked the said C's mouth one time with the mouth of the said C.

Accordingly, the defendant assaulted police officers who properly perform their duties on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of police investigation reporting Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The crimes are inferior to the nature of such crimes, such as avoiding disturbance by drinking at a public place, and exercising violence against police officers preventing such disturbance;

(k) A favorable normal situation: The degree of reflection on one's own misconduct, contingent crimes, and assault against police officers is not so significant;

In light of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act. It is so decided as per Disposition.

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