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(영문) 수원지방법원 2017.11.16 2017고단6483

공무집행방해

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

On September 13, 2017, at around 23:24, 2017, the Defendants: (a) committed assault by the Defendant, in his hand, the Defendant F of F of F of F, and G of F of F, in order to identify the personal information of Defendant A, Defendant B of F in his hand, and Defendant B of F, in order to arrest Defendant B in the act of committing a crime of interference with the performance of official duties; (b) Defendant F of F, G of F, in his hand, arrested him as a suspicion of interference with the performance of official duties; and (c) Defendant B of G of F’s face was arrested by committing a charge of interference with the performance of official duties.

As a result, the Defendants interfered with the legitimate execution of duties by the police officers on the 112 reporting handling duty.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Defendant A of the pertinent Article of the Criminal Act concerning the crime: Article 136(1) of the Criminal Act Article 136(1) of the Criminal Act

1. Defendant A with an ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendants who choose to impose punishment: Each selective fine

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The defendants interfered with the execution of official duties by committing violence against police officers, etc. while the defendants are placed in the state of their driving, and circumstances that are favorable to the nature of the crime: the defendants acknowledged the defendants' mistake; the defendants A did not have any history of punishment exceeding a fine or any history of obstructing the performance of official duties; the defendants B did not have any history of criminal punishment; the degree of violence inflicted on police officers does not seem to be significant; the above circumstances and the defendant's age, sexual behavior, environment, etc. are considered to have taken into account the above conditions of punishment and all the conditions of punishment.