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(영문) 수원지방법원 2019.09.06 2019고단3480

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

At around 05:25 on March 17, 2019, the Defendant: (a) committed assault, such as assaulting, around 05:25, on the part of the Defendant, that “the Defendant was a person in a taxi by the Defendant” in front of the C Burial located in Suwon-si B, on the 112-report, and soliciting the Defendant to pay the taxi fee, the Defendant, a police officer belonging to the Gyeonggi-gu Police Station belonging to the Gyeonggi-gu Police Station in the Gyeonggi-gu, which was called out, spited once on the chest of the said D; (b) on the part of the police officer belonging to the same police station, E, a police officer belonging to the same police station, was spited, spited on the chest of the said E, and obstructed the police officer’s legitimate performance

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of F’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against this court where the defendant made confessions in this court. However, this case is not the case where the defendant spits spits down the nature of the police officer on the face of the police officer who called out after receiving a report while he was in the taxi without paying a taxi fee under the influence of alcohol.

In addition, the defendant has already been sentenced to a fine on two occasions due to an act of violence, and even after being investigated by the crime of this case, the crime of causing property damage has already been committed.

The sentence shall be determined as ordered in consideration of all such other conditions of sentencing.