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(영문) 수원지방법원 2015.07.02 2015고단2272

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 26, 2015, around 02:30 on 02:0 on 26:0, the Defendant was urged to return home from the Jindong Police Station C District Assistant D, which was called by the Defendant upon receiving a report from a taxi engineer that the Defendant would not pay taxi expenses under the influence of alcohol.

그러던 중 피고인은 위 D이 가족과 연락할 휴대전화를 찾는다면서 피고인의 주머니를 만지자 이에 화가 나, "야이 씨발놈아, 내가 뭘 잘못했는데 나한테 시비냐, 경찰이면 다냐"라고 큰소리를 치면서 D의 가슴을 밀어 넘어뜨렸다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and D;

1. Application of Ctv Video Acts and subordinate statutes

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of a fine of choice of punishment (the amount shall be determined in consideration of the degree of violence by the accused and the nature of public duties hindered, the fact that there is no record of punishment of imprisonment without prison labor or heavier punishment, the fact that the accused has drinking and contingently committed a crime, the fact that the accused has reached an agreement with the victimized police officer, etc., and the amount shall be determined in consideration of the degree of violence by the accused and the nature of public duties obstructed

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;