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(영문) 수원지방법원 2021.01.21 2020고단7654

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 2, 2020, the Defendant is under the influence of alcohol on the 14th floor in the elevator apartment C-dong 3-4 Ra, and the Defendant is under the influence of alcohol on the 14th floor.

“Along with the report of 112, the Plaintiff was urged to return to Korea from the police station Down-gu Police Station Down-gu D police station D (T, South, 40 years old) and police officer F (T, South, and 28 years old), and was under the influence of alcohol, and the Defendant’s left hand to the victim E, was frighted with the victim E, was frighted with the victim’s face, was frighted with the drinking face, was frighted with the Defendant’s hand, was frighted with the Defendant’s hand, was hicked with the Defendant’s left hand, was under the left hand of the victim F who was locked to restrain it, was frighted with the hand, etc., under the left part of the hand, and was frighted with the victim by assaulting the victim E with her hair head, thereby damaging the victim E for approximately 14 days, and damaged the victim E by self-harm of 14 days for treatment.

As a result, the Defendant interfered with the legitimate performance of duties by police officers regarding the handling of reported cases and the prevention and suppression of crimes, and at the same time injured the victim E and the victim F, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation into each police statement with respect to E and F (CCTV verification);

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (E), injury diagnosis certificate (F);

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Obstruction of and Bodily Injury to the Execution of Official Duties);

1. Selection of each alternative fine for punishment;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime; and (b) the sentence is the same as the disposition.