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(영문) 의정부지방법원 고양지원 2019.06.14 2019고단566
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On January 16, 2019, around 03:45, the Defendant was at the 2nd Public Security Center in Mapo-gu Seoul, Mapo-gu, 31-gil 18, which reported to the 112 police officer, that he fright to drink and fright to drink alcohol, and it was judged that there was a risk of harm to himself or other person's life, body, and property under the influence of alcohol by C according to the performance of duties by the police officer officers belonging to the police officer patrol team B team of the Mapo-gu Seoul Mapo Police Station, which was called.

The mother of the Defendant’s new illness was defective in the Defendant’s mother who tried to hand over C’s disease to D, and the Defendant walked C once without any reason, and the Defendant left C’s opphone8 cell phone, which is the Defendant’s possession.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and the protective measures of the host.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the investigation report;

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

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is not likely to obstruct a police officer’s legitimate execution of duty by assaulting a police officer who intends to take protective measures against a defendant under the influence of alcohol.

However, it is against the defendant's wrong recognition, and the defendant deposited a certain amount for the victimized police officer, and the defendant committed the crime of this case somewhat contingently under the influence of alcohol, and considering favorable circumstances that the defendant has no record of punishment for the same kind of crime, the defendant's age, character, character, environment, family relationship, motive for the crime, means and consequence of the crime, and all of the sentencing factors specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.

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