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(영문) 수원지방법원 안양지원 2013.09.26 2013고단719

공무집행방해

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, at around 03:10 on May 11, 2013, 2013, performed a discretionary operation with a Faccom in the “Cju” located in the Dong-gu B, while drinking alcohol at the time of massage-si, with another person, and carried out a discretionary operation with a Faccom located in E, the Defendant got to go to the said police box in accordance with the above D.

At around 03:40 on the same day, the Defendant: (a) saw a policeman who was carrying the instant case into a police box, and was able to see him to check him, and she saw him as “Chewing spam” in a large sprink, and she sprinked him/her to the face of the said G, and sprinked him/her with his/her left hand on three occasions, thereby hindering the police officer from performing his/her lawful duties concerning the investigation of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The crime of this case for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is inferior, but there is no record that the defendant committed the obstruction of performance of official duties, and the defendant reflects his depth, etc., the punishment shall be determined like the order, taking into consideration equally the circumstances favorable to the defendant.