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(영문) 수원지방법원 2016.08.11 2016고단2560

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months and a fine of one hundred thousand won.

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

Reasons

Punishment of the crime

1. Around May 4, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) sought at least 00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

I expressed my opinion, and notified the police officer that he could be punished if he calls against the other party's will or is found to be called to the scene.

Nevertheless, on May 4, 2016, the defendant found the victim's domicile against the victim's will in the same place as around 22:12 on May 4, 2016 and tried to talk with telephone and continuously approach it.

2. Around May 4, 2016, the Defendant: (a) took a bath to the E police officer belonging to the police station of Gandong-dong Police Station, which was called up in the process of arresting a flagrant offender in violation of the Punishment of Minor Offenses Act at the above location; (b) took a four-time course for the E police officer boarding the back seat of the patrol police officer, who was seated at the driver’s seat; and (c) interfered with the lawful performance of duties concerning the arrest of the police officer by taking the clothes and the bridges of E and the bridges of the patrol police officer on the back seat of the patrol police officer on several occasions with the back seat of the patrol police officer to stop this.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3 (1) 41 (Selection of Penalty) of the Punishment of Minor Offenses Act and Article 136 (1) of the Criminal Act (Selection of Penalty) concerning the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70 (1) and Article 69 (2) of the Criminal Act concerning the detention in a workhouse;

1. Article 62 (1) of the Criminal Act with respect to the suspension of execution (with respect to imprisonment, taking into account the following favorable circumstances):

1. The defendant on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act (as to a fine) continues to be against the victim’s will.