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(영문) 의정부지방법원 2013.09.26 2013고정1964
공무집행방해등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On April 28, 2013, from around 15:40 to 16:00 of the same day, the Defendant, who interfered with the performance of duties, she saw the “E” of the victim D’s operation in his/her own city from around 15:40 to around 16:00 of the same day, he/she saw the victim and the customer with his/her name unfortunateed by: (a) pushing the employees of the above E on his/her name without any reason under the influence of alcohol; and (b) bringing the victim and the customer with his/her desire to read “the victim and the customer

Accordingly, the defendant interfered with the victim's smooth operation by force.

2. From around 16:00 on April 28, 2013 to 16:30 on the same day, the Defendant: (a) intending to be able to have the Defendant returned home from the slope H belonging to the Gu Police Station G District of the Gu Government Police Station called “Is the Defendant, who was under suspicion of interference with the performance of duties as referred to in the preceding paragraph, she was able to take the Defendant’s chest on several occasions with the Defendant’s hand, and she was tightly pushed off the Defendant’s chest at the front wheel of the patrol that he wanted to start; and (b) she was able to put the Defendant on the roadside of the patrol that he wanted to start.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties by police officers on handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes governing suspect-offenders;

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and the choice of each fine for the crime;

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

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

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