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(영문) 수원지방법원 2018.05.17 2018고단1596

공무집행방해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On December 15, 2017, from around 22:25 to 22:50, the Defendant: (a) reported on “C cafeteria” in front of the “C cafeteria” located in Gyeonggi Franc City B; and (b) sent to the police box of the Police Station D, which called “this rings, weather rings, spacks, spacks, spacks, spacks, and spacks” to the police officer affiliated with the police box of the police station of the Sungsung Franc City, who called the “C cafeteria”, and assaulted the chest of the above E by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Application of the Acts and subordinate statutes to report on investigation (verification of the scene of crime – Attachment of motion pictures taken on the spot);

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. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed an assault against a police officer who puts his/her duty in prison, thereby impairing the public authority with respect to the enforcement of the law.

However, the defendant seems to have been punished by a fine for property damage in 2012 only once, and have engaged in a social life in good faith.

The Defendant committed the instant crime by contingently, and reflects on the crime.

The defendant seems to have made efforts to find the police officer in question, such as seeking a apology.

In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the records, shall be determined by the same sentence as the order.