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(영문) 수원지방법원 2018.09.06 2018고단4095
공무집행방해
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 May 18, 2018, at around 00:20, the Defendant reported 112 that he was "at the main point of "C" located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant: (a) confirmed the details of the Defendant's report; and (b) confirmed the matters of the police officer E's excessive claims for the excessive drinking value; and (c) reported it to the local government on the ground that the police officer did not participate in the case; and (d) reported the excessive drinking value.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol of F and E;

1. Application of the investigation report (ctv accompanying report), CCTV video files storage legislation;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed an assault against a police officer who puts his/her duty in prison, thereby impairing the public authority with respect to the enforcement of the law.

The defendant has been punished by a fine twice for violence-related crimes.

However, the degree of tangible power exercised by the defendant in this case is too serious.

It is difficult to see that it was immediately arrested in the act of crime due to the lack of the name, etc.

Before the Defendant’s previous assault, the previous assault was committed by both parties, or the degree of assault was not severe, and there was no previous assault exceeding the fine, and thus, it seems that the previous assault was engaged in a relatively faithful social life.

The Defendant committed the instant crime by contingently, and reflects on the crime.

The defendant supports the open subject and mother of his body.

In addition, the defendant's age, sex, motive, background, means and result of the crime.

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