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(영문) 수원지방법원 안산지원 2016.05.11 2016고단1021
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

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

Reasons

Criminal facts

On August 27, 2014, the Defendant was sentenced to 10,000 won of imprisonment with prison labor and a fine of 300,000 won due to interference with the execution of official duties, etc. in the support of Suwon Friwon, and completed the execution of the sentence in the Southern Friwon on May 18, 2015.

1. On April 11, 2016, the Defendant driving a motor device license at approximately 1.2 km from the parking lot 1314 to the front of the 86th Radon-ro 1.2 km in Geumcheon-gu Seoul, Geumcheon-gu, Seoul Metropolitan Government on April 11, 2016.

2. On April 11, 2016, the Defendant: (a) obstructed the performance of official duties, on the ground that he/she driven a car in violation of traffic signal without obtaining a motor device bicycle license from E in front of the 86 Radon-ro 86 Madon-ro, a Madon-ro, a Madon-ro, a Madon-ro, a Madon-ro.

The defendant tried to re-enter the Otoba despite the demand for presentation of driver's license from the above E, and made the E's arms in order to go beyond the floor after cutting off the E's arms from E, and caused the E to be arrested as a flagrant offender from E, and assaulted the E's body by hand.

Accordingly, the defendant interfered with the police officer's traffic control and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to reply to criminal records, such as criminal history, investigation reports (the date of release and reporting accompanied by a copy of the judgment);

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act that prescribes the punishment for the crime (the obstruction of performing public duties, the choice of imprisonment), and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the point of driving without a license, the selection of fines);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 (former part), Article 38 (1) 3, and Article 50 (the defendant commits each of the crimes of this case during the period of repeated crime resulting from the same crime) of the Aggravation of Concurrent Crimes Act.

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