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(영문) 수원지방법원 2016.05.25 2016고단1278

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

On March 13, 2016, the Defendant: (a) at the C main station located in Suwon-si, Suwon-si, Suwon-si, on March 23:35, 2016, the Defendant: (b) received 112 reports to the effect that “I am drinking and drinking outside of the guest; and (c) the Defendant demanded the Defendant to present his identification card; (d) the police officer affiliated with the D branch of the Suwon-gu Police Station D branch of the Suwon-gu, Suwon-gu, which called “I am to drink” to the above E; (c) assaulted the Defendant by making once pushed of the left part of the said E with his hand; and (d) the police officer affiliated with the same district unit, who restrains him and demands him to present his identification card; and (e) the Defendant assaulted F am to the left part of the said F at one time.

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. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 136 (1) of the Criminal Act and the selection of fines for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act was two times or more under the influence of alcohol in the past, the defendant committed the crime of this case which interferes with the execution of official duties by assaulting the police officers who were faced with riot at the place of business and dispatched from the place of business at the same time, even though he was under the influence of alcohol in the past, and at the same time, committed the crime of this case which prevents the execution of official duties, and the crime of this case is bad, or the defendant was committed under the influence of a fine, and there are circumstances considering the circumstance that the defendant was deemed to have committed the crime of this case under the influence of alcohol.