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(영문) 수원지방법원 안양지원 2016.01.28 2015고단1812
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. 공무집행 방해 피고인은 2015. 10. 8. 23:00 경 안양시 동안구 B에 있는 C 주유소 앞길에서 ‘22 번 버스 안에서 승객이 술에 취해 소란을 피운다’ 는 112 신고를 접수한 안양동안경찰서 D 파출소 소속 경장 E이 신고자와 피고인에게 사건 경위를 청취한 후 신원 확인을 위해 신분증 제시를 요구하자, " 야 이 짭새 새끼야, 내가 간첩이니까 알아서 해 라" 고 하며 머리로 E의 가슴 부위에 여러 차례 들이밀다 손으로 얼굴 뺨을 1회 때려 경찰공무원의 범죄 예방 진압 및 수사에 관한 정당한 직무집행을 방해하였다.

2. The Defendant in violation of the Punishment of Minor Offenses Act: (a) 23:15 on the day before the Punishment of Minor Offenses Act: (b) 3:15 on the day when he was arrested and taken custody as the current offender at the police box of the police station D, which was located in Ansan F, for the same day; and (c) 3:15 on the day after he was arrested and taken custody of him as the offender for the same reason

In other words, while under the influence of alcohol, the government or the government or the government or the government or the government or the government or the government or the government or the government or the government or the government or the government or the government or the government or the government or the government or the government or the government or the government or the government

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each written statement of G and H prepared;

1. Application of Acts and subordinate statutes to the main sentence;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the selection of fines), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing the revocation of orders in official books, and the selection of fines);

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

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

1. The sentencing guidelines are not applied since the sentence of a fine is imposed on the grounds of the sentencing of Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment.

In light of the fact that the defendant commits violence against the police officer in the course of performing official duties, and the police box in the police box, the nature of the crime is not weak, but it reflects his mistake, and the defendant commits the crime.

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