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(영문) 수원지방법원 평택지원 2019.02.15 2018고단1733

공무집행방해등

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 September 13, 2018, at around 22:43, the Defendant: (a) reported on September 13, 2018 that the Defendant “influently fighting at the Defendant’s residence in Pyeongtaek-si apartment C; and (b) obstructed the Defendant’s distribution of the instant E influent part on the grounds that the Defendant was demanded to produce identification cards from the police officer E belonging to the Gyeonggi-gu Police Station, which called out upon receipt of a 112 report that “influent fighting at the Defendant’s residence in Pyeongtaek-si B apartment C; and (c) committed assault by breaking the Defendant’s distribution of the said E influent part; and

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on crime prevention and crime victim protection.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the court has used violence against a police officer who has legitimate execution of duties for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the same criminal records, etc., the punishment as ordered shall be determined by comprehensively taking into account the following factors: although the liability for the crime is not minor, the degree of the crime is not limited, the degree of the crime is not excessive, there is no record of criminal punishment exceeding the fine; the defendant's age, character and conduct, environment, circumstances leading to the crime, etc.

Public Prosecution Rejection Parts

1. The summary of the facts charged is that, at the time and place indicated in the judgment, the victim E was heard by one neighbor, and the victim was openly insulting by saying, “I am feas, I am feas, I am at our house, I am feas, I am feas, I am feas, and I am feas.”

2. Determination

(a) Matters subject to prosecution upon complaint: Articles 312 (1) and 311 of the Criminal Act;

B. A written agreement stating an expression of intent of cancellation of complaint after the prosecution of this case is instituted.

(c) Judgment dismissing public prosecution: Article 327 subparagraph 5 of the Criminal Procedure Act;