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(영문) 수원지방법원 2016.12.16 2016고단5573

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Around 16:00 on August 6, 2016, the Defendant filed a 112 report on the fact that he/she had a fluorous dispute with a female-friendly club C or 205 at the Defendant’s house located in Suwon-si, Suwon-si, and 205, and that he/she “(i.e., during the period of suspension of the execution of his/her tasks and liquor tax).” In order to confirm the Defendant’s report by arrival of police officers, such as E, etc., a police officer affiliated with the Suwon-nam Police Station D box belonging to the Suwon-nam Police Station, he/she carried out drinking to E, and carried out a fluorial part of E by hand.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of reported case by E, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Application of each of the visual Acts and subordinate statutes to a CCTV image closure photograph;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are as follows: (a) having been sentenced to a suspended sentence of ten months on May 25, 2016; (b) having committed the instant crime even during the grace period; (c) under the circumstances unfavorable to the Defendant, the Defendant did not have any record of being punished for the same kind of crime; (d) having led to the confession of the commission of violence against the police officers; and (e) having regard to the degree of the exercise of violence against the police officers, the Defendant’s age, character and conduct, motive for the commission of the crime; and (e) taking into account all the circumstances shown in the instant pleadings, such as the Defendant’s age, character and conduct, motive