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(영문) 수원지방법원 성남지원 2016.08.10 2016고단1312

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

On February 20, 2016, the Defendant was arrested as the current offender of the assault case and was transferred to the F police box located in Sungnam-si E.

The Defendant, at around 03:00 on the same day, arrived at the police box box at the patrol car, and went off at the patrol car, followed by “this Chewing sway, anywhere,” and sway G belonging to the police box of the branch police station, and the police officer met this, and the Defendant assaulted the Defendant’s back-hand knee and knee on one time to walk at the left knee.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the arrest of flagrant offenders and the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to H, G, and I;

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

1. Selection of a selective fine for punishment (the fact that there is no record of the same type of crime, the fact that it is a contingent crime in the main sentence, and the fact that it shows the will of rehabilitation, such as receiving counseling on the deliberation for the main sentence or the reduction of punishment, and other various sentencing conditions shown in arguments, including the motive, background, means and result of the crime in this case, the circumstances before and after the crime, the defendant's age, sexual conduct, environment and other arguments);

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

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