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(영문) 수원지방법원 2017.04.21 2016고단7897

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a foreigner of the nationality of merat.

1. The Defendant of the assault: (a) on January 10, 2016

9. At around 13:10, at the center of a mutually cafeteria, “D” in Yongsan-gu Seoul Metropolitan Government, the victim assaulted the victim by having the shoulder of the victim one time by his hand on the ground that the victim E (n, 27 years old) was expected in front of the victim’s vehicle, and that the victim resisted the defendant who was able to drive the vehicle.

2. On October 13:30, 2016, the Defendant: (a) arrested the current offender in front of the Seoul Yongsan-gu Seoul Yongsan Police Station G police box located in Yongsan-gu Seoul, Yongsan-gu; (b) let the police officer, who belongs to the said G police box, walked once on the line; and (c) continuously went into the said G police box; and (d) interfered with the legitimate performance of duties concerning the arrest of the police officer, by walking the left arms of the said G police box on one occasion.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. A written statement prepared in the I;

1. Application of the Acts and subordinate statutes to the ctv course

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 260(1) of the Criminal Act (the point of violence) and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Since the nature of the crime of abusing violence against police officers who perform their duties with the justifiable reason for the sentencing of Article 334(1) of the Criminal Procedure Act does not correspond to that of the Criminal Procedure Act, it is necessary to strictly punish such a crime.

However, in the case of a crime that has committed contingently under the influence of alcohol, the degree of assault is relatively minor, the fact that his mistake is divided in depth, any criminal defendant who has no record of criminal punishment, the fact that a person can be forced to leave or refuse to renew his status of stay if he is sentenced to a large amount of fine, which seems to result in the excessive harsh treatment of the defendant, and the age, sex, environment of the defendant, etc.