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(영문) 수원지방법원 2016.08.31 2016고단3552
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 June 4, 2016, the Defendant: (a) received 112 reports from the second floor “C Singing practice hall” of the building B in Young-gu, Suwon-si; and (b) received 112 reports from the Defendant to the effect that “a person who sells and sells alcoholic beverages in a singing room”, and (c) dispatched to the police officer affiliated with the police station of the Nam-gu, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of the reported case by assaulting the said E, such as cutting off his arms and pushed down his body, to prevent the said E from entering the singing practice hall.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Part of damage inflicted by field photographs and damaged police officers;

1. 112 Application of Acts and subordinate statutes to a statement of report;

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the crime, the selection of fines;

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

1. It is decided as per Disposition, taking into account all the circumstances, including the crime committed by a police officer, who was involved in lawful performance of official duties for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, by force, and the nature of the crime committed by a police officer, who obstructed his/her performance of duties by force, is bad, and there are circumstances to consider in the process of the crime committed by a defendant while under the influence of alcohol.

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