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(영문) 수원지방법원 성남지원 2019.05.08 2019고단487

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On January 23, 2019, at around 18:25, the Defendant was subject to parking control against the Defendant’s vehicle from the illegal cause of the crackdown on parking and stopping on the front of the road located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si, Sungnam-si, the Defendant assaulted E, such as: (a) having the said E, who was on the back of the parking control vehicle, opened the window; (b) having the said E, who was on the back of the parking control vehicle, opened the window, putting the hand onto the window; and (c) making the floth of the above E fat, and making the floth of the face part

Accordingly, the Defendant interfered with the legitimate performance of duties concerning the crackdown on parking of illegal parking and stopping inspectors.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the statutes governing the case-related photographs

1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which prevents the control of the instant crime by assaulting a public official with reason for sentencing under Article 334(1) of the Criminal Procedure Act, is not weak, and the degree of assault is not somewhat weak.

However, the fact that the damaged public officials are not punishable, there is no record of the same kind of crime or violent crime, and the fact that the state of health was not good due to depression at the time of the crime, etc. shall be considered as favorable circumstances.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, shall be determined as the same sentence as the order.