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(영문) 수원지방법원 2020.07.24 2020고단2476

공무집행방해

Text

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

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

Reasons

Punishment of the crime

Around 01:00 on April 5, 2020, the Defendant reported that there was drinking value at C entertainment tavern C located in Suwon-si B, Suwon-gu, Suwon-si, and reported that E was to listen to the statement of the instant case from F, the Defendant, while under the influence of alcohol, followed the Defendant’s shoulder and pushed off the Defendant’s shoulder to the right side of E with the Defendant’s shoulder.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim to E by the police;

1. Application of the G’s written Acts and subordinate statutes;

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

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

1. Article 334(1) of the Criminal Procedure Act provides that an offense of obstruction of performance of official duties on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment compared to an act of assault or intimidation since it undermines the function of the State by assaulting or threatening a public official who properly performs his duties. However, in the instant crime, the degree of assault by the Defendant is not much serious, and the punishment records, age, character, character and behavior, attitude, circumstances and motive leading to the Defendant’s crime, means and consequence of the crime, and all the sentencing conditions specified in the instant records and arguments, such as the circumstances after the crime, shall be comprehensively considered.