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(영문) 수원지방법원 2020.02.05 2019고단6601

공무집행방해등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 30, 2019, the Defendant assaulted the victim C (the 44 years of age) who driven the Defendant’s vehicle on behalf of the Defendant in front of B on the face of Maternity, and the victim was in dispute with his/her substitute fee due to a defect in reporting to the police, and assaulted the victim at least twice with his/her left hand on two occasions, such as he/she was clicked, and he/she was shot.

2. The Defendant interfered with the performance of official duties by assaulting the Defendant, at the same time, at the same time, at the place as mentioned in the foregoing paragraph 1, and at the same time, and at the same time and place as mentioned in the foregoing paragraph 1, E’s legitimate execution of duties concerning the handling of the instant 112 Report, by assaulting the Defendant, such as “I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I am the chest of the above police officer once,

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. Application of statutes on photographs of damage;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of each fine for the crime;

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 sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

It is necessary to strictly punish an offense of obstruction of performance of official duties as an offense of harming the function of the state by obstructing the exercise of legitimate public authority.

- The defendant did not agree with the victim.

- All favorable circumstances - the defendant has become aware of and against all the crimes of this case.

- There is no record of criminal punishment for the accused except for those who have been punished once for the violation of the Road Traffic Act (driving).