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(영문) 수원지방법원 2017.10.31 2017고단3476

공무집행방해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Criminal facts

The defendant is a person who has weak ability to discern things or make decisions due to stimulative disorder, etc.

On April 13, 2017, the Defendant reported 112 that “the Defendant is seated on a single set of the net calendar distance set” from the network calendar distance located in the Dong, Young-gu, Young-gu, Suwon-gu, Suwon-gu, a police station located at the site after receiving a report on April 13, 2017, and recommended the Defendant to return home to the Defendant after having moved the Defendant to a safe delivery, and the Defendant recommended the Defendant to return home.

얼마나 기다렸는지 알아 ”, “ 돈이 없으니 집까지 태워 달라”, “ 재 수 없는 놈 아” 라는 등의 욕설을 하면서 발로 피해자의 다리 부위를 1회 걷어찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol to D, and the statutes governing the handling of reported cases by 112;

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

1. Selection of a selective fine for punishment (such as: (a) the fact that the defendant has a depth of and reflected against the crime of this case; (b) the fact that the defendant appears to have caused the crime of this case in a state of mental or physical weakness; (c) the degree of violence against the victimized police officers is minor; and (d) the fact that there is no past record of criminal punishment other than minor

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;