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(영문) 수원지방법원 평택지원 2017.06.14 2017고단617
공무집행방해
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

On March 26, 2017, at the front of the police box located in Pyeongtaek-si D on March 19:50, the Defendant: (a) she was informed of the instant taxi driver’s report and sent back to Pyeongtaek-gu Police Station E box, after receiving the said taxi driver’s report, for the following reasons: (b) she was informed of the said F and G on several occasions: (c) she was able to accurately speak the destination of the said taxi driver’s license; (d) she took a bath to the said F and G, stating that “I spath, spathless spath, spathing, spathing, and chests each time; and (e) she continuously pusheded the spath and chests of the said F and her breasts each time by hand, and (e) she was tightly pushed up the said G police officer’s chest and breasts each time with his hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of H and F;

1. Application of each statute on photographs;

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

1. Where an act of assault or intimidation was committed against multiple public officials who perform the same duties as commercial concurrence, the crime of obstructing the performance of multiple official duties is established according to the number of public officials who perform official duties. In the event that the above act of assault or intimidation was committed at the same place in the same opportunity, and is assessed as one act in light of social norms, the crime of obstructing the performance of multiple official duties is in a commercial concurrence relationship (see Supreme Court Decision 2009Do3505, Jun. 25, 2009, etc.). Therefore, it is reasonable to deem that the crime relation is an ordinary concurrence.

Articles 40 and 50 of the Criminal Act

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: A favorable circumstance such as the use of violence against the police officers dispatched after receiving a report without any special reason: A confession, reflectivity, the same kind of criminal record and fine.

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