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(영문) 수원지방법원 평택지원 2015.11.27 2015고단1557
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 14, 2015, at around 00:55, the Defendant received 112 reports from the head of Pyeongtaek-si Police Station E District, and was dispatched from the F, who was dispatched.

Accordingly, the above police officer "I have reported why the police officer was why it was why or why it was why the police officer was why," 100 million won. The defendant assaulted the right face of the police officer one time by sound and left hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting management work.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria shall not apply in consideration of the favorable circumstances for the accused who applies the sentencing criteria;

2. The crime of obstruction of the performance of official duties is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and there is a need to strictly punish the crime in this case. The crime in this case is committed by the Defendant on February 12, 2014, who was sentenced to a suspended sentence of three years and six months in prison due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) at Lwon District Court, which was sentenced to a fine of three hundred thousand won in prison and three years in prison, and the criminal

However, it is decided as ordered by taking into account the following circumstances: the Defendant recognized the facts charged in the instant case and reflects his mistake; the Defendant is a contingency crime under the influence of alcohol; the degree of obstruction of performance of official duties is relatively minor; the Defendant deposited a considerable amount of money to the victimized police officer; the Defendant did not have any record of punishment for the same kind of error; and the Defendant’s age, character and conduct, and family environment

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