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(영문) 수원지방법원 평택지원 2016.01.21 2015고단1533

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 July 12, 2015, at around 00:15, the Defendant prepared investigation documents, such as a written consent of voluntary accompanying, within the D District of the Gyeonggi-gu Police Station in Pyeongtaek-si, Pyeongtaek-si, the Defendant: (a) taken the police official belonging to the said district police station, who explained the process of the instant case and explained that he will return home after completing the signature and seal; (b) taken the police official of the said district police station, who explained the process of the instant case and explained that he will return home, using the handphone; (c) took the chest of the said police officer once by hand hand on the left hand; (d) turned the chest of the police officer, turned the two parts of the police officer’s feet by hand; and (e) assaulted the police officer’s face by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on criminal investigation and maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the F's statement);

1. Application of the Acts and subordinate statutes to a investigative report (a photograph by cutting offCCTV images);

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

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

1. Determination on the application of sentencing guidelines for sentencing under Article 334(1) of the Criminal Procedure Act: It shall take into account all the circumstances, including the fact that no criminal history exists after being sentenced to a fine for negligence in 2006, and the fact that a military unit is scheduled to work at the construction site in the U.S. military unit;