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(영문) 수원지방법원 2018.02.07 2017고단8098

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

On November 20, 2017, at around 00:15, the Defendant: (a) reported on November 20, 2012 that the Defendant was under the influence of alcohol at a 'C' restaurant located in Suwon-si B, and received a report that the Defendant was under the influence of alcohol; (b) expressed his desire to present his identification card to the police officer affiliated with the Suwon-gu Police Station D police station, which called the Defendant; and (c) assaulted the Defendant, on a drinking ground, that he was under the demand of the police officer affiliated with the police officer of the Suwon-gu Police Station D, the Defendant was under the influence of the said E, such as taking the chest of the said E once, and walking once.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in preparation of a letter of apology to E;

1. A statement prepared by the F;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. The circumstances unfavorable to the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act in the custody of a workhouse - The circumstances favorable to the punishment of a police officer on lawful duty are not good for committing a crime by assaulting him/her. - All favorable circumstances are recognized by the Defendant. - The victim does not impose a punishment for the Defendant any longer. - The Defendant does not have any past record of having been sentenced to a fine until now, nor committed the same kind of crime. The sentence is ordered in consideration of all the conditions of sentencing revealed in the trial process in each of the above circumstances.