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(영문) 수원지방법원 2018.06.15 2018고단2194
공무집행방해등
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. 30 days where the defendant does not pay the above fine;

Reasons

Punishment of the crime

1. Around 04:20 on January 10, 2018, the Defendant insultd the victim openly by taking a bath, such as “Iskh, Iskh, Iskhn, Iskhn, Iskh, the main owner of the building,” and “Iskh, Iskh, Iskh,” in the case of “Iskh, Iskh,” from the third floor stairs of multi-household building in Suwon-gu, Suwon-si, Suwon-si, the Defendant was under the influence of alcohol.”

2. On January 10, 2018, the Defendant interfered with the performance of official duties, at around 06:12, Suwon-si, Suwon-si, the Suwon Police Station type in Suwon-si, 1673, and the criminal team office in Suwon-si, and assaulted the face of Suwon-gu, Suwon-si, the police station type in Suwon-si, the Defendant tried to unbreath the Defendant arrested as a current offender without any special reason.

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. Each police statement made with respect to E and D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the selection of fines, respectively, for the crime;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated within the extent that the aggregate of the maximum amount of two principal crimes prescribed by the offense of obstructing the execution of heavier public duties);

1. The grounds for the sentencing of Articles 70(1) and 69(2)(1) of the Criminal Act (the sentencing range of KRW 100,000 per day) [the sentencing range] 12 million or less shall be determined as per the order, taking into account the following circumstances, including the Defendant’s age, sex, environment, motive and circumstances after committing the crime, etc.:

Unfavorable circumstances: The act of taking a bath to police officers in the course of performing official duties and obstructing the performance of official duties by assaulting is very poor and highly likely to be criticized: The neighbor's house is his/her house under the influence of alcohol.

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