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(영문) 수원지방법원 2017.08.22 2017고단4075
공무집행방해
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

Criminal facts

On May 27, 2017, the Defendant arrested a flagrant offender from police officers C, etc. who belong to the police box B of the Southern Police Station B of the Suwon Police Station, and was transferred to the police box located in D of the Suwon Police Station D at Suwon-si, and was under the first investigation, and was under the atmosphere to hand over a new soldier to the criminal department of the police station of the Southern Police Station of the Suwon Police Station.

On May 27, 2017, at around 05:45, the Defendant: (a) committed assault on the following grounds: (b) Party E, a police officer, and Party C, a police officer, on the grounds that he was able to wear the Defendant’s locking to himself; and (c) Party C, a police officer, on the grounds that he was able to wear the Defendant’s locking to himself; and (d) Party C, a police officer, on the ground that he was able to wear the Defendant’s locking to himself.

As a result, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A written statement;

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

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a fine for selective punishment (the following circumstances are considered: (a) the defendant has a depthed and reflected in the crime of this case; (b) the degree of assault committed against the victimized police officers is not much serious; (c) there is no record of criminal punishment exceeding the fine against the defendant; (d) on the other hand, the defendant used violence against two police officers in uniform; and (e) there is a record of being sentenced to a fine of KRW 700,000 for a crime of violence in 206; and (e)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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