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(영문) 수원지방법원 안산지원 2013.07.10 2013고정897

공무집행방해

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On March 17, 2013, at around 23:50, the Defendant reported a 112-report after the husband and wife fighting with the husband at the Defendant’s residence located in the common building No. 201 of the common building No. 201.

Upon receipt of a report, the Defendant demanded that the Defendant “a request to proceed to divorce with South and North Korea,” who is asked by the Inspector D and Inspector E to ask for a report, and the above D and E sent notice to the Defendant that “a report should be received and sent if there is any need for assistance from the police officer because the police officer could not process the police officer,” and thus, the Defendant sent a notice to the Defendant that “a report should be sent to him, if the Defendant leaves the above place, would not take place at his own request, and the Defendant was able to take a view that “I would like to see that I would have to go to see, I would go to stop the above D and put his body on his hand, and interfere with the legitimate execution of official duties in relation to the dispatch of 112 site of the D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes, such as site photographs;

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

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

3. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed not to be serious, taking into account the following factors: (a) the Defendant’s assault and intimidation appears to have not been serious; (b) the Defendant first filed a report on damage to 112; and (c) the Defendant has no other criminal records, other than the one time fine, shall be determined as ordered.