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(영문) 의정부지방법원 고양지원 2014.10.02 2014고단1862
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

1. On July 18, 2014, at around 22:10 on July 18, 2014, the Defendant: (a) reported 112 as the drinking price price in front of the entrance of the “Catt” entrance in Gwangju City; (b) and (c) assaulted D to a police officer, such as the border F, etc. belonging to the Gwangju police station E-district in the Gwangju police station, and led to voluntary movement into the E-district. On the same day, while the police officer and D are heard from the E-district parking lot in the Gwangju police station located in G in Gwangju City on the same day, the Defendant abused the victim for about 15 minutes to the police officer of the victim.

2. On the date and time set forth in the foregoing paragraph 1, the Defendant committed assault, such as, at the Gwangju Police Station E-district parking lot located in Gwangju City, the Defendant continued to take a bath to the horse F belonging to the E District, as described in the foregoing paragraph 1, and Hahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the defendant interfered with the police officer's voluntary behavior and the legitimate execution of duties concerning the investigation of crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), Article 311 of the Criminal Act, and the choice of fines for the crime;

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

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

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

1. In light of the following: (a) the reason for sentencing of Article 334 of the Criminal Procedure Act Article 334 of the Provisional Payment Order; (b) the Defendant’s attitude of the crime of obstruction of performance of official duties and insult; (c) the Defendant exceeded a fine; (d) there is no record of punishment for obstruction of performance of official duties;

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