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(영문) 수원지방법원 2020.02.06 2019고단4889
공무집행방해등
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

1. On August 24, 2019, around 05:08, the Defendant obstructed the legitimate performance of public duties by assaulting “C” in front of the Osan-si, Osan-si, where the security guards belonging to the Down-si, Osan-si, where he received a joint fire response request and discovered that he sent out “the sound that is being pushed in the surrounding area,” and interviews with the employees belonging to the said fire station, and took a bath without any justifiable reason, while drinking, while drinking, and doing so by assaulting the E’s back head and back part of E, and thereby obstructing the police officer’s legitimate performance of public duties concerning the handling of reported cases.

2. The Defendant causing property damage: (a) by walking the victim E’s hand, which takes the cell phone equipment on his hand for an on-site collection at the time and place specified in paragraph (1), the Defendant destroyed the victim’s cell phone equipment to have a large amount of 360,000 won for repairing, such as liquid exchange, etc., by falling off the floor; and (b) the victim’s cell phone equipment was broken off.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written estimate;

1. Application of statutes on site photographs;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act (the point of obstructing performance of official duties), Article 366 of the Criminal Act, and the choice of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of obstruction of performance of official duties on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act is not only an act of causing physical and mental pain to the victimized police officers, but also an act of causing harm to the safety of citizens and the duties of maintaining social order. Therefore, it is necessary to strictly punish the victimized police officers.

However, the fact that the defendant has recognized his mistake in depth, the first offender, the fact that the damaged police officer deposited KRW 500,00 in the future, and other records and arguments such as the defendant's age, attitude, environment, circumstances, degree of damage, circumstances after the crime, etc.

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