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(영문) 수원지방법원 안산지원 2018.11.23 2018고단3058
공무집행방해
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 22, 2018, the Defendant: (a) around 02:44, around the hotel B in Ansan-si, and around 112, the week revocation column, the police officers belonging to Cdistrict Group in the Police Station of the Gyeonggi-si, the Police Station of the Gyeonggi-si, who received a report, issued the Defendant with a printed box of violation of the Punishment of Minor Offenses Act, and carried the string of the patrol vehicles No. 21, E boarding, and opened the string of the patrol vehicles No. 23, which he/she boarded, in his/her hand, and prevented the police officers from moving the string and the windows of the 23rd patrol vehicles, which he/she gets on board, in his/her hand, with the driver’s seat and the windows of the string 23th, which he/she was on board.

As a result, the Defendant interfered with legitimate execution of duties of police officers on their activities to maintain order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of a witness statement of H and I to a summary statute;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the 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 an alternative fine (to be chosen as above in consideration of the fact that there is a need to strict punishment for a crime that interferes with police officers' legitimate performance of duties, the fact that the defendant has been punished for the same kind of crime, but the defendant shows his attitude against the truth, the above-mentioned past history is ten years prior to 10 years, the fact that there is no recent force of violence, the background of the crime, the means of the crime, and the attitude of the act);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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