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(영문) 수원지방법원 안양지원 2017.11.02 2017고단1506

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On August 4, 2017, the Defendant in violation of the Punishment of Minor Offenses Act (hereinafter “The Punishment of Minor Offenses Act”) told the police who did not return to the game machine at the “C Game Center” located in Ansan-si B, Ansan-si, Ansan-si, and the fact that the Defendant, despite the absence of a counter-espionage to the head of the said Game, was called to the 112 comprehensive situation room and called “two counter-espionage persons.”

“The report was filed.”

Accordingly, the Defendant reported the crime that was not committed by the Defendant by falsity.

2. The Defendant interfered with the performance of official duties at the time and place specified in paragraph (1), and at the time and place specified in paragraph (1), and at the time and place specified in paragraph (1), the Defendant informed the Defendant of his right to appoint a defense counsel to arrest the Defendant as the current offender due to the fact that the Defendant was suspected of having violated the Punishment of Minor Offenses Act, while the Defendant informed the Defendant of his right to appoint a defense counsel. In order to prevent the Defendant from moving the Defendant’s hand to another place, the said slopeF diveF diveF divef divef h (30 years old), who was in front of the Defendant on one occasion.

As a result, the defendant assaulted police officers to interfere with the legitimate performance of police officers' duties concerning the handling of reports and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to inform departments related to investigation reports and reporting 112 cases;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 3 (3) 2 of the Punishment of Minor Offenses Act (the point of false report, the selection of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the Criminal Act concerning the punishment of concurrent crimes;

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

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence is not good in light of the nature and content of the instant crime. However, considering the following factors: (a) the Defendant reflects the nature of the offense; (b) the Defendant has no record of punishment in addition to once a fine; and (c) the Defendant’s age and environment, etc., the sentence is ordered.