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(영문) 수원지방법원 여주지원 2018.10.05 2018고단781

공무집행방해

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Around August 23, 2018, the Defendant: (a) sent at the front of the public toilet B at Snju City, on August 23, 2018; (b) “A” used the Defendant, who was sent to the scene after receiving a report of 112, sent the Defendant at the lower seat of the patrol box, and sent the Defendant at the Defendant’s home, who was frightened by three persons, such as the police captain D, etc., who was sent to the scene, and was on the back of the patrol box, and was frighted to the said D, who was seated by the Defendant.

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. Application of Acts and subordinate statutes on the statement protocol to D;

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

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

1. An unfavorable circumstance is that a person was punished by a fine due to the neglect of the reason for sentencing under Article 334(1) of the Criminal Procedure Act and the offense of insult against a police officer, etc.

However, it shall be considered in favor of the favorable circumstances, such as the fact that the person is dead and reflect, and that it appears to be a behavior conducted under the influence of alcohol.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered.