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(영문) 수원지방법원 2017.04.18 2017고단887

공무집행방해

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On February 11, 2017, the Defendant received a report from F and G, a police officer belonging to the police station of the Mosung-dong Police Station E District, who called the site after receiving a report from 112 while drunking a disturbance at a D restaurant located in Osan-si C on February 11, 2017.

On February 11, 2017, the Defendant assaulted on the part of the above police officer F and G around the first floor of H apartment OOO, Hasan-si, Hasan-si, by drinking once, the chest part of the above G while being drunk from the above police officer F and G without any justifiable reason, and F in the side are prevented the Defendant, and the Defendant was able to control the head part of the F by one hand, with a defect in carrying the elevator on board, and assaulted on the part of the above F's bridge part twice.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Investigation report (CCTV image analysis);

1. Application of the Acts and subordinate statutes governing photographs and CCTV images;

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

1. Articles 40 and 50 of the Criminal Act (where an act of assault or intimidation was committed against multiple public officials performing the same official duties, the crime of obstructing the performance of multiple official duties is established according to the number of public officials performing the official duties, and where the act of assault or intimidation was committed at the same place with the same opportunity, and it is evaluated as one act under social norms, the crime of obstructing the performance of multiple official duties is in a relationship of conceptual concurrence (see Supreme Court Decision 2009Do3505, Jun. 25, 2009, etc.).)

1. Selection of an alternative fine for punishment;

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, the defendant is able to repent his mistake in depth.