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(영문) 수원지방법원 성남지원 2017.11.29 2017고단2977

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 October 20, 2017, at around 23:50, the Defendant obstructed the Defendant’s legitimate execution of duties regarding the handling of the report of the case of the above E- 112 report, which is a public official, by assaulting the Defendant, such as spathing, spathing, spathing, spawn into the E’s body while drinking, spathing, spawn into the E’s body under the influence of drinking, and spawning, spathn into the E- spathn’s body with his left hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes to investigation reports (112 Reporting and mobilization status, etc.);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Prosecutor’s opinion - Eight months of imprisonment;

2. Determination of sentence - Determination of fine 3 million won in consideration of the fact that the accused confessions and objects to the confession, and that the accused has no record of crime, etc.

In addition, the punishment shall be determined by comprehensively taking into account the various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as shown in the records and arguments.