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(영문) 수원지방법원 안양지원 2019.07.24 2019고단739
공무집행방해
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On February 15, 2019, at around 03:55 on February 15, 2019, the Defendant was an employee and a horse dispute with C in front of the Gyeonggi Mapo-si B. Around 03:55, the Defendant sent to the site after receiving 112 report and heard the Defendant’s statement one time with the right blue of D’s blue, and assaulted the face of D’s blue E belonging to the same police station that the Defendant intended to arrest an offender in the act of committing an act of committing an offense two times with brue.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A written statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes concerning screen pictures at the site;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for the crimes of obstruction of performance of official duties against E by police officers with heavier rank);

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the following factors shall be comprehensively taken into account the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the crime, and various factors of sentencing as shown in the records and arguments, such as the circumstances after the crime.

The crime of this case was committed against a police officer who deals with the 112 reported case against a defendant under the influence of alcohol, and the crime of this case is very poor in light of the form of crime, etc.

The degree of obstruction of the performance of official duties of the defendant is not easy.

The crime of obstruction of the performance of official duties, like this case, needs to be punished strictly in order to eradicate the state's awareness of public power and to establish the state's legal order.

The defendant did not reach an agreement with the victimized police officers.

The favorable circumstances: The defendant seems to have a view to recognizing and opposing the crime.

The defendant is a victim police officer in the trial process.

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