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(영문) 수원지방법원 2018.04.03 2017고단8583

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

At around 03:00 on December 1, 2017, the Defendant: (a) assaulted, around 03:00, on the part of the common gate, Young-gu, Suwon-gu, C apartment house 104 5-6 Ra in Suwon-gu; (b) “A drinking person does not enter his house in front of the common gate, and does so; and (c) requested the Defendant to use, “A police officer belonging to the D police station located in the Suwon-gu, Suwon-gu, Seoul, upon receiving a report from 112, who was called up, called “A police officer assigned to the D police station of the Suwon-gu, the police station of the Republic of Korea, who was called up for, and called up, the Defendant to walk up the Defendant.” (d) The Defendant assaulted the E’s left part of the Dong-gu, who tried to interfere with the drinking, one time at the face of the said E, who was arrested by the above act, and walked the said B police station around 03:10 on the front of the police station affiliated with G.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of the Acts and subordinate statutes on the part of assault damage;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a fine for selective punishment (the following circumstances are taken into account: (a) the defendant is flying the crime of this case and reflects the case; (b) the defendant appears to have brought about the crime of this case in a drunken and contingent manner; (c) the degree of damage to the victimized police officers appears not to have been serious; (d) the defendant's age is obvious; (e) social relationship is obvious; and (e) the defendant has no record of criminal punishment; and (e) the defendant has committed violence against two police officers in the name of the victim; and (e) the victimized police officers have been punished against the defendant); and

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;