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(영문) 수원지방법원 2016.10.27 2016고단5102

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

Punishment of the crime

On August 25, 2016, at least 03:00, the Defendant assaulted the chest part of the above D by 3 smuggling, while taking care of the said B’s new disease in order to take protective measures against the Defendant’s work-related B, which was escorted to the above hospital, at least 245 o-gil-ro, 245.69.

Accordingly, the defendant interfered with legitimate execution of duties on police officers' protective measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to written E;

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

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are as follows: (a) the Defendant interfered with the performance of official duties by means of smugglinging the chest part of the police officer; (b) the nature and method of the crime is inferior in light of the contents and methods of the crime; (c) the Defendant’s mistake is recognized and contradictory; and (d) the Defendant has no record of punishment for the same kind of crime prior to the instant case; and (c) the circumstances leading to the crime, the Defendant’s age, character and conduct, etc., and all of the sentencing conditions indicated in the records and arguments