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(영문) 수원지방법원 안산지원 2017.01.19 2016고단4534

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On March 29, 2016, from around 01:40 to around 02:10, the Defendant interfered with his duties: “D’ for the operation of the Victim C in Ansan-si, a member B” house; on the ground that the Defendant’s vehicle parked on the front of the drinking house does not seem to have a motor vehicle; and on the ground that the Defendant’s vehicle parked on the road before the drinking house, he saw the Defendant as the head of the field, and he saw the Defendant’s house to the victim, and “I am k

Pursuant to funeral services, Doz.

"In large interest, the entrance was sent to the public, and the entrance was opened several times, and the customer was pushed ahead of the entrance, and the victim's disturbance was obstructed by force.

2. The Defendant interfered with the performance of official duties at the above date, time, and at the above place, and at the same time, “the person who fessing the fessat around the fessat around the 112 report and sent out to the scene, and the police officer affiliated with the Ansan-gu Police Station E box of the Ansan-gu Police Station: (a) prevented the Defendant from continuously taking a bath to the proprietor and the customer; and (b) assaulted the said Fsat around three times by the shoulder and the hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement with respect to C and F;

1. Application of the video Acts and subordinate statutes on the screen by capturing CCTV images;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), the choice of each fine - The defendant has no criminal history to be considered, and the defendant has been committed against the crime of this case, and the degree of exercising tangible power is significant.

It shall be decided to choose a fine in consideration of all the circumstances, such as

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Aggravation of Concurrent Crimes

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.