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(영문) 의정부지방법원 2016.08.25 2016고단2759
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

1. Around May 2, 2016, the Defendant obstructed the police officer’s legitimate performance of official duties in relation to the handling of 112 reports by assaulting, such as: (a) the Ka Center office located in Yangju-si and operated by the Defendant on May 2, 2016, when gambling together with D with D and 112 reported while gambling; (b) the police officer of the Yangju Police Station E Zone called up upon receiving 112 was attempted to arrest the money as a flagrant offender; (c) the police officer’s loss was prevented from taking on the wall; and (d) the 112 reports by assaulting the flab and sphering the flab.

2. After having divided 52 copies of the card with D, G, and H, at the date and time, at the place specified in paragraph 1, the Defendant 1, followed by seven pages, and then all the card cited in his hand by means of opening the same card with the same pattern or with the same number or bringing one card, and the remainder of the people, with the total number of 427,00 won from 50 won to 1,500 won as in turn, by means of adding all the numbers of the card in his possession to the number of the card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Report on the offender's domicile and internal investigation;

1. Report on internal investigation (referring to the case of suspect A behavior);

1. Voluntary submission of a report on seizure, list of seizure and each such report;

1. Notification of a department related to reporting 112 cases;

1. Side photographs of damage caused by the flag;

1. Application of Acts and subordinate statutes on medical certificates;

1. Relevant Article 136 of the Criminal Act and Article 136 of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 246 (1) of the Criminal Act (the point of gambling) concerning the crime;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: Crimes involving interference with the execution of official duties are harmful to the function of the State by nullifying legitimate exercise of public authority.

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