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(영문) 수원지방법원 2015.07.02 2015고단2247

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 04:45 on April 8, 2015, the Defendant: (a) reported on the 112-way front of the Yongsan-si B apartment 101-dong, “Absent passenger can enjoy the apartment parking lot floor without paying a taxi fee; and (b) tried to send the way to the Defendant to the Defendant who was asked, and the head of the police station C District of the Seocho-gu Police Station, Seocho-gu, which called the “Abbbol, C District,” who was sent to the said D, would be able to remove the external flag, which was put into his hand.”

Therefore, the circumstances surrounding the above D and the above C District E arrested the Defendant as a flagrant offender committing an obstruction of performance of official duties, and the Defendant resisted the Defendant to board the patrol vehicle as soon as he resisted.

Accordingly, the defendant interfered with the legitimate execution of duties in relation to the handling of 112 reports by police officers and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A written statement;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a selective fine (the amount shall be determined in consideration of the degree of violence the accused has exercised, the nature of public duties interfered with the use of violence, and the fact that the accused has the power to suspend indictment twice for violent crimes, etc.) by taking into account the fact that he/she has no record of being sentenced to punishment of imprisonment without prison labor or more severe punishment, and that he/she has drinking alcohol and has committed contingent crimes;

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 of the provisional payment order;