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(영문) 수원지방법원 2017.01.12 2016고단6515

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

1. 폭행 피고인은 2016. 10. 22. 00:55 경 수원시 팔달구 매탄동 삼성 2차 아파트 입구에서, 피고인이 술에 취해 쓰러져 있다는 112 신고를 받고 출동한 수원 남부 경찰서 B 지구대 소속 경장인 피해자 C(35 세) 가 피고인을 깨운다는 이유로, 피해자가 경찰관인 점을 인식 못한 채 피해자에게 “ 씨 발 가만히 놔둬 ”라고 하면서 발로 피해자의 배를 차고 손으로 피해자의 얼굴을 할퀴어 피해자를 폭행하였다.

2. The Defendant interfered with the performance of official duties at the time, place, and place described in the above paragraph (1) above, and whether the private person D belonging to the police station B of Suwon-won Police Station B, who was called out after receiving a report as above 112, was “hicking a police officer.”

“At any time,” the defect “at any time.”

C. It is also from the police.

“In doing so, assaulting the victim’s flaps with her hand, and obstructing the police officer’s legitimate execution of duties concerning the handling of the reported case.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and D;

1. Relevant legal provisions concerning criminal facts, Article 260(1) of the Criminal Act that prescribes the punishment (a) and Article 136(1) of the Criminal Act (a) of the Criminal Act, the selection of a fine (a point that obstructs the performance of official duties), the selection of a fine (a point that acknowledges and reflects his/her mistake, the degree of assault is relatively minor, a contingency crime in the state of universal exploitation, and a primary offender, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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