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(영문) 수원지방법원 2017.04.26 2017고단787
공무집행방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

At around 21:55 on January 21, 2017, the Defendant, at the Southern Police Station C located in Young-gu, Suwon-si, Suwon-si, Suwon-si, refused to take a drinking test while driving alcohol, took a bath, and boomed the disturbance from the slope D belonging to the above police station, and subsequently, the Defendant expressed the above D’s desire to “I see that I am older than I am older, I am older than I am older,” and used the above D’s desire to “I snick, I am lower part at once, and assaulted E-Wbbbbbbbs located in the above police station, with the right-hand part of E-Wbbs located in the above police station.”

As a result, the defendant interfered with the legitimate execution of duties of police officers on criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements prepared in D;

1. Application of traffic accident-related data and statutes governing damaged photographs;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (Selection of penalty)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentencing guidelines do not apply since the reasons for sentencing of Articles 70 and 69(2) of the Criminal Act, which are to attract the workhouse, are to select the reasons for sentencing.

Taking into account the fact that the police officers who perform official duties assault and commit the crime is not good, that there was a record of punishment for the criminal records of violence, that the defendant is against the confession of the crime of this case, and that the degree of the assault is not serious.

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