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(영문) 수원지방법원 평택지원 2018.07.13 2018고단434

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 16, 2017, at the main point of "C" located in Pyeongtaek-si B, around 23:09, due to the issue of giving the operator and alcohol value. On December 23: 16, 2017, the police officer, who was called up after receiving 112 a report, has obstructed the police officer's legitimate execution of duties concerning the handling of the report and patrol of the case, by assaulting the police officer's 112 police officer's gate to the right side of the patrol police box to return to the said police box for the receipt of the case after hearing the statement of the report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification to the department related to the report of each 112 case;

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The crime in this case is a case where a police officer interferes with a police officer's official duties by assault or intimidation and thus the nature of the crime is not weak; circumstances favorable to the police officer's wishing to punish the defendant; there is no record of confession, reflectivity, the same kind of criminal record and fine; and the crime is not a case where a police officer's direct violence is not a case of exercising a police officer's body directly: The defendant's age, family relation, and criminal records, etc. are sentenced to a fine of not less than 3,00,000 won.