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(영문) 수원지방법원 2018.03.15 2018고단796

공무집행방해

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

On December 26, 2017, at around 05:15, the Defendant: (a) in the corridor of the building B 5th floor in Ansan-si, the 112-gu, Ansan-si; (b) confirmed that the Defendant had no criminal intent against the other party from the Defendant and the police box affiliated with the police box of the Ansan-si, Police Station C, which was called out after having received a report that the Defendant had to conduct one-way and fighting; and (c) confirmed that the Defendant returned home to the Defendant, the Defendant was able to use his arms repeatedly by asking the head of the above D police station and name; and (d) carried the arms by hand, coming back to the patrol car facing the outside of the building and parked around the building; and (e) assaulted the Do police station, such as having the body of the Defendant and the body of the arms by hand, if the Defendant continuously obstructed the front, following the D police box.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases 112 at the above D police stations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to any documentary video or visual editing photograph;

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the crime, the selection of fines;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed an assault against a police officer who puts his/her duty in prison, thereby impairing the public authority with respect to the enforcement of the law.

피고인은 10여 분 정도 경찰관을 � 아 다니며 큰소리를 치고 차에 타지 못하게 하여 그 시간 동안 경찰관들의 공무가 상당히 방해되었을 것으로 보인다.

However, the defendant seems to have been engaged in the social life in good faith as the first offender.

It is important to have the degree of tangible power exercised by the defendant.

It is difficult to see it.

The Defendant committed the instant crime by contingently, and reflects on the crime.

In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, etc., and all of the sentencing conditions shown in the arguments and records of the crime shall be considered.