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(영문) 수원지방법원 성남지원 2018.04.06 2018고단62
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 8, 2017, at around 01:40, the Defendant assaulted the aforementioned D on the ground that he was drunkly drunk on the back seat of the taxi operated by the franchising-si, Sungnam-si, and was arrested as a flagrant offender to F, a police officer belonging to the police box of the franchise Police Station, sent to the Defendant, on the ground that the said D does not start, he was under the influence of alcohol on the back seat of the taxi operated by the franchising-si.

1. Around 02:00 on December 8, 2017, the Defendant publicly insulting the victims by putting the victim’s security guards, who were affiliated with the above police box, the Defendant arrested the Defendant who was flagrantly arrested by F while carrying the Defendant into the said police box, and putting the victim’s H, who was affiliated with the above police box, and making the said D’s report. In light of the foregoing, the Defendant publicly insulting the victims by putting the victims “the victims of the flag, ring the flag, flag, flas, flads, and flads.”

2. On December 8, 2017, the Defendant interfered with the performance of official duties at the police box No. 1 at around 02:10 on December 8, 2017, and the Defendant “Sickers” and “Sickers” and “Sickers” by the police officers.

"To do so, I wanting to carry out the above police box, and assault I, who is the police officer belonging to the above police box, to suppress the defendant, and walk I's clothes at once by walking I, who is the police officer belonging to the above police box, and interfere with legitimate execution of duties concerning the management and investigation of the suspect arrested as a flagrant offender by the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to H, I, and F;

1. Application of Acts and subordinate statutes of D;

1. Article 311 of the Criminal Act (a point of insult) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (a point of obstructing the performance of official duties) of the same Act;

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

1. Selection of each alternative fine for punishment;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.

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