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(영문) 수원지방법원 2017.03.30 2016고단4747

공무집행방해

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 August 13, 2016, the Defendant was disputing with a female-child-child zone on the first floor of the C Building around 00:35 on August 13, 2016.

“Irre the Defendant who was sent to the site after having received a report on 112, F. F. F. the Doctrine Police Station D Doctrine of the Sungdong Police Station, sent the Defendant’s female-friendly implements to the parking lot, and attempted to prevent it. “Irre the law.”

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Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol of F and E;

1. A photo of the damaged part;

1. Application of the Acts and subordinate statutes governing the investigation report (Attachment toCCTV images), mobile phone images CDs, cell phone images closure photographs;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a person who has committed a crime with heavier punishment for obstructing the performance of official duties against E);

1. Selection of an alternative fine for punishment;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, assaults police officers who perform their duties in uniform and thereby inflicted damage on the public authority with respect to the enforcement of the Act.

Although the Defendant was punished by a fine of KRW 3 million for the same crime in 2003, the Defendant again committed the instant crime. However, the Defendant did not have any criminal record exceeding the fine, and there was no record of punishment since 2011.

The Defendant committed the instant crime by contingently, and reflects on the crime.

In addition, the defendant's age, sex, motive and background of the crime, means and consequence, and circumstances after the crime.