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(영문) 수원지방법원 2016.11.10 2016고단5336

공무집행방해

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 00:20 on September 8, 2016, the Defendant: (a) found in the Sungdong Police Station D Boxes located in Sinsan-si, Osan-si; and (b) expressed that “A police officer, who recommended E, a police officer who belongs to the above D police box, to have her home returned to the Republic of Korea, stating that a police officer would not have his/her horse when he/she was lost and carried Handphones, he/she would not enter his/her own horse; and (c) brought two drinking to E, a police officer belonging to the said D police box; and (d) brought a drinking to F, a police officer belonging to the said D police box that he/she belonged to said D police box once.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to E and F;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant’s desire and pay attention to police officers who perform public duties at the police box is significant as a challenge to the public authority that should be strictly executed.

On the other hand, the fact of crime is recognized and wrong.

There is a written application from the neighboring people that the person in charge of the ship has been submitted.

In addition, it is also recognized that the history of criminal punishment is not confirmed.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the instant pleadings, a fine shall be imposed on the Defendant.