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(영문) 수원지방법원 2014.10.31 2014고단4291
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Criminal facts

On August 13, 2014, around 20:20, the Defendant: (a) on the road near the 58-ro, Suwon-si, Suwon-si, Suwon-si, the Defendant discovered the Defendant, who is a police officer (the age of 49) who belongs to the Suwon Police Station B District, sent to the site after having received a report from 112 that the Defendant was under the influence of alcohol, and called the Defendant, and found the Defendant, who was a police officer belonging to the Suwon Police Station B District, who was called to the site, “in India because there is a risk of an accident,” and called “I am to India, I am a drinking, and I am a drinking,” and am off the victim’s body.

As a result, the defendant interfered with legitimate execution of duties concerning the relief of the victim, who is a police officer, and at the same time, the victim failed to know the number of days of treatment on both arms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning portraits, photographs and videos;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Since Article 334(1) of the Criminal Procedure Act of the provisional payment order committed the instant crime during the period of repeated crime for the same kind of crime on the grounds of sentencing, the necessity of strict punishment against the Defendant is sufficiently recognized.

However, the punishment was determined by comprehensively taking account of the following factors: the defendant's mistake is already divided in depth; the defendant supports a woman who is not healthy old age and wife; and young children; the defendant supports them; there is room to regard them as contingent crimes; the victim's bodily condition is not serious; the degree of violence; the defendant's age, character and behavior; the environment; and the circumstances after the crime.

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