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(영문) 수원지방법원 안양지원 2020.05.13 2020고단281

공무집행방해

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 15, 2019, at around 18:38, the Defendant, at the entrance of 'C Public Trucks' located in Mapopo-si B, was required to pay for taxi goods D and taxi fares. Upon receiving D’s report, the Defendant, who was urged F to present his identification card and pay taxi fares from F in the process of the operation of the Gyeonggi Military Police Station E-Spo-si Police Station, dispatched after receiving the D’s report, assaulted the Defendant at once by drinking the shoulder of the said F.

As a result, the Defendant interfered with the legitimate execution of duties of police officers with regard to the 112 Reporting and Withdrawal Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of the receipt statute

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing of the provisional payment order is based on the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the conditions of all kinds of sentencing as shown in the pleadings of the instant case, including the circumstances after the crime.

An unfavorable circumstance: A favorable circumstance that a crime that interferes with the legitimate performance of official duties for the establishment of public authority and the protection of legal order requires strict punishment: The recognition of the crime and reflects the degree of violence at the time of the crime, the degree of violence at the time of the crime is relatively not severe, and there is no record of criminal punishment.