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(영문) 수원지방법원 평택지원 2021.02.05 2020고단2508
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 September 20, 2020, the Defendant reported that he was victimized by assault at the front parking lot of the building D, which is a C University dormitory in Ansan-si B, at the time of Ansan-si on September 20, 2020, and received 112 reports to the effect that he was sent to the scene, and that he would take a patrol vehicle from F for voluntary accompanying from the head of the police station Eergical Eergs belonging to the Ansan-gu Police Station, which called “I will throw away the year, death,” and the Defendant was on the floor of the hand-to-face of the above Ba F.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the reported case by the police officer.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes on the part of victimF-damage photographs;

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 of the Provisional Payment Order, was unable to perform official duties by exercising violence against the police officer, who was dispatched to the police after receiving a report of 112 assault under the influence of alcohol, without any particular reason.

However, the extent of violence used by the defendant is relatively minor, the primary crime and the violation of the crime, and the age and character of the defendant, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be comprehensively considered to determine the punishment as set forth in the order.

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