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(영문) 수원지방법원 2020.09.17 2020고단2141

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

Punishment of the crime

On March 20, 2020, at around 05:05, the Defendant: (a) 43 on the Song-si Park, and (b) 112 on the street prior to the Song-si station, sent to the police box by the Defendant, after having identified the circumstances of the case, “a defect that he would attempt to go on to the patrol vehicle”, and (c) sprink C was assaulted by a single hand as to whether the matters to be verified by C may be identified.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers who perform 112 reporting processing duties due to violence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are against the defendant's recognition of the crime of this case, the fact that there is no record of punishment for obstruction of performance of official duties, and other various sentencing conditions, including the defendant's age, character and conduct, family relation, health status, the circumstances and circumstances of the crime, etc., shall be determined as ordered

Public Prosecution Rejection Parts

1. Around 04:40 on March 20, 2020, the summary of the facts charged was assaulted by the Defendant at around 43 on the plane of Pyeongtaek-si, on the ground that the Defendant metd the victim D (the age of 26) in front of the Song-si, or was in the Internet broadcast site “E” hosting room on the ground that the victim took anti-end and breathing, and was able to look at the victim’s breath, with his hand, and when the Defendant took the victim’s face and breath due to the Defendant’s drinking and growth.

2. Determination

(a) Crimes of non-compliance with will: Article 260 (3) of the Criminal Act;

B. On September 9, 2020, after the prosecution of this case, the victim expressed his intention not to punish him.

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;