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(영문) 의정부지방법원 고양지원 2016.01.15 2015고단2858
공무집행방해
Text

[Defendant A] The defendant is punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 23, 2015, the Defendants 20:0 to 23:00 on September 23, 2015, at the main station near the original station, and after drinking alcohol, Defendant A was driving his C cargo vehicle and was on duty by driving his C cargo vehicle.

1. On September 24, 2015, around 00:50, Defendant B, only 309, Seoyang-gu, Seoyang-gu, Seoyang-gu, and 309, and 9, in front of an apartment complex, Defendant B demanded a drinking test to A, but continued to refuse the drinking test, Defendant B, who was released from the head of the above cargo vehicle, was able to interfere with the drinking test.

As the Defendant was removed from E in the course of the process, he saw E’s bat and depicted the left side retail.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers under drinking control.

2. The Defendant continued to arrest a flagrant offender at the time, time, and place described in paragraph 1 for the foregoing reason, and continued to hinder the performance of official duties by the police officers on the following: (a) there was a defect in the bath and the horse to the police officers; and (b) the following behind F in the course of photographing the site; and (c) there was a number of backwards of the AF.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers for the crackdown on drinking and arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement protocol with F and E;

1. A report on investigation;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Article 136(1) of the Criminal Act (amended by a fine to Defendant A and by a fine to Defendant B)

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant A: The sentencing guidelines for sentencing of Article 334(1) of the Criminal Procedure Act: The crime obstructing the execution of official duties against Defendant B, obstructing the performance of official duties, obstructing the performance of official duties, obstructing the performance of official duties, obstructing the performance of official duties, ensuring the basic area, imprisonment from 6 months to 1 year and April.

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