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(영문) 수원지방법원 성남지원 2018.01.24 2017고단3076

공무집행방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 13, 2017, the Defendant, while drinking alcohol at D’s building “E” in Sungnam-si, Sungnam-si, and fighting, was on duty and fighting with which his name could not be identified. On October 13, 2017, the Defendant, who was in charge of the instant case during the process of having been dispatched to the site upon receiving a report 112, would have to frank with the Defendant, who was asked for the instant situation and status during which he was dispatched to the site.

"Absing to be called, and assaulting three times to drink the right chest of the above G."

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of H and I;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Prosecutor’s opinion - Fines of two million won

2. Determination of sentence - Fines 3 million won interfere with the execution of official duties is a serious offence that undermines the functions of the State by nullifying legitimate exercise of governmental authority.

However, a fine shall be selected by taking into account the favorable circumstances, such as the defendant's confession, and the fact that the defendant has no record of crime, etc., and the punishment shall be determined by taking into account various sentencing conditions under Article 51 of the Criminal Act, which are shown in the records and arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc.