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(영문) 수원지방법원 안양지원 2019.07.16 2018고단2031

공무집행방해등

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

1. Around October 26, 2018, the Defendant insultingd the victims by openly insulting the victims by referring the victim D, who is a police officer belonging to the Ansanan Police Station C District, the victim E, who was called up after receiving 112 a report, and soliciting them to return home to the Defendant, while the victims such as the F, etc. are heard.

2. The Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 Report Report by committing an assault, such as inducing the Defendant to return home to the Defendant at the time, place, and place specified in paragraph (1) of the same Article, and the patrol officer belonging to the Ansanan Police Station G District to capture E’s double arms as his hand, and committing several smugglings.

Summary of Evidence

1. The legal statement of the witness H, F, E, and D;

1. Application of the Act and subordinate statutes to a DNA camp image CD or USB;

1. Relevant Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts, the choice of punishment, and Article 31 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act among the crimes of insult;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 is that the defendant does not seem to have an attitude that seriously reflects the defendant while denying the crime is disadvantageous to the defendant.

Meanwhile, there are circumstances favorable to the defendant, such as the fact that the defendant is the first offender, the degree of obstruction of performance of official duties is difficult to see that the defendant is serious, and the fact that he appears to have committed the instant crime somewhat contingently, etc.

In such circumstances, the defendant's age, character and conduct, environment, background of the crime and circumstances before and after the crime shall be determined as ordered by taking into account various sentencing conditions.