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(영문) 수원지방법원 2018.06.12 2017고단7696

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

1. A special intimidation: (a) on August 28, 2017, the Defendant listens to the horses from the victim D (M, 20 years of age) of Masan-si Building C (M, 00:30 on August 28, 2017) to “Is the knife that Is the knife knife, which is a dangerous object in the UA, at the same time.”

E. “P. H. H. H. L. L. L. L. L. L.

Intimidation was made by stating that “I will die.”

2. On August 28, 2017, the Defendant interfered with the performance of official duties: (a) around 15:05, the police officer affiliated with the Modong Police Station E box in the Mosdong Police Station in the Mosdong Police Station, which was dispatched after receiving a report from 303 to 112 of the Masan-si building C on August 28, 2017, in order to separate the Defendant from D and investigate the Defendant, “I are in terms of the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation and the principle of no taxation are applied.”

As a result, the defendant interfered with the legitimate execution of duties of police officials for the handling of reported cases and criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the respective laws and regulations of D and G;

1. Articles 284, 283(1) (a) (a special intimidation) of the Criminal Act and Article 136(1) (a) of the Criminal Act concerning facts constituting an offense;

1. Selection of a fine for selective punishment (the following circumstances are taken into account: (a) the Defendant is divided into and against the instant crime; (b) the degree of interference with either intimidation or the performance of official duties is not serious; (c) the victim D of a special intimidation is not punished against the Defendant; (d) the Defendant is a primary offender who has no record of criminal punishment; (e) the Defendant is a dangerous object; (c) the Defendant threatens the victim D with the dangerous object; and (d) the Defendant also uses violence against the police officer dispatched);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.