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(영문) 의정부지방법원 2018.06.27 2018고단1623
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

around 21:44 on April 15, 2018, the police officer B, and the police officer of the Namyang-ju Police Station reported that the defendant 112 reported that he was frighting in front of the apartment management office, and called up to the D apartment management office of the Namyang-si, Namyang-si.

The Defendant, around April 15, 2018, 21:48, 15, 2018, took a bath for drinking, flag B, flaging a drinking, knee part of flag B, flaging a bath to a policeman, and flag C’s breast part of c’s breast part of flaging, flaging, and pushed the body of a policeman c with his hand.

As a result, the Defendant assaulted the police officer B and C, a police officer, who performs the duties on the dispatch of report 112 and the handling of the case, and interfered with the execution of his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. B Written statements;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes in written opinions;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

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

1. Legal penalty: Not more than a fine not exceeding ten million won;

2. Determination of sentence: Fine of 5 million won (unfavorable circumstances) is not sufficient to commit the instant crime, under the influence of alcohol, that the Defendant interfered with the police officer’s legitimate performance of duties.

[The favorable circumstances] The degree of violence and obstruction of official duties is not much serious, and the defendant is recognized to mislead the defendant, and is against depth.

There is no record that the defendant has been punished.

In this situation, the defendant's age, sex, living environment, family relationship, circumstances, means and results of the crime, circumstances after the crime, and other conditions of sentencing specified in the arguments shall be determined as ordered by considering the following circumstances.

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