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(영문) 수원지방법원 2018.05.31 2018고단1895

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Defendant 2018

3.3. Around 22:55, at the “Csing room” located in Suwon-si B, the police station belonging to the Suwon-si Police Station (49 years of age) and the police officer E (31 years of age) in order to verify the personal information of the Defendant, who was called out after having received 112 a report, and assaulted the Defendant, such as threatening the Defendant’s face, threatening him/her to take a bath, and threatening him/her to keep his/her face.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of CCTV Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act and the selection of fines for criminal facts;

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

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, expressed a desire to the police officers who want to confirm their personal information under the influence of alcohol, and served as drinking.

However, the degree of violence does not seem to be serious, and the mistake is recognized as a substitute, and after the punishment of a fine was imposed due to violent crimes in approximately twenty-five years, there is no record of punishment as violent crimes.

In addition, considering the above circumstances and the defendant's age, sex, environment, motive and background leading up to the defendant to commit the crime of this case, means and results, circumstances before and after the crime of this case, and other various sentencing conditions specified in Article 51 of the Criminal Act as stated in the records of this case, the sentence like the order shall be imposed.