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(영문) 수원지방법원 2017.12.21 2017고단7398

공무집행방해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On November 5, 2017, the Defendant reported on November 5, 2017, 112 that “A person who has sound from the stairs of a building” in the corridor of the 2nd floor building located in Yongsan-si Metropolitan City C, the Defendant: (a) shouldered the Defendant, who was a police officer affiliated with the police station D District Unit of the Yongsan-gu Police Station, sent to the site; and (b) attempted to check the personal information and residence of the Defendant, and to check it.

E. A. B. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. H.’

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. On-site photographing photographs;

1. Application of the Acts and subordinate statutes governing the disposition of reported cases 112;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: (a) interfered with the performance of official duties by the defendant, such as committing assault against the police officer in his state of detention; (b) circumstances that are favorable to the nature of the crime; (c) recognize and reflects his mistake; (d) there is no record of criminal punishment; (c) the degree of assault is minor; (d) the extent of assault is minor; and (e) agreed with the police officer who suffered the damage, taking into account all the above circumstances, age, sexual behavior, environment, etc., the punishment as ordered by the order shall be determined.