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(영문) 수원지방법원 2017.07.12 2017고단2117
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 March 26, 2017, the Defendant: (a) 16:33, at the time of the bus stop of the “Sacheon Village 1 Complex,” which was under the influence of alcohol at the bus stop of the “Sacheon Village 1 Complex,” which was in the influence of alcohol, and (b) committed assault on the face of E on the floor by the floor hand of E, between the police officers assigned to the Dong Dong-dong Police Station D Boxes, sent to the site after receiving 112 reports from C, the Defendant’s attached, who was under the influence of alcohol, and received 112 reports; and (c) the police officers assigned to the Dong-dong Police Station D Boxes, who heard the statements from C.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in preparation of a letter of apology to E;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

1. Article 136 of the Criminal Act applicable to the relevant criminal facts, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines (the favorable circumstances among the reasons for sentencing);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act - The defendant interfered with the execution of justice by exerting physical force against police officers who are performing legitimate official duties. - The defendant has already been well-grounded in the criminal records of the same kind of punishment. - The favorable circumstances - The defendant recognized all criminal facts - 13 years have passed from the time of committing the same kind of crime, and 10 years have passed from the time of the final criminal punishment. Considering the fact that 10 years have passed from the time of committing the same crime, the degree of physical records inflicted by the defendant to the victim should be taken into account. The sentence should be imposed as ordered in consideration of all the sentencing conditions revealed in the trial process

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