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(영문) 수원지방법원 안양지원 2018.07.25 2018고단599
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

Punishment of the crime

On February 22, 2018, the Defendant: (a) had been dispatched by police officers E, police officers belonging to the D District Unit of the Police Station, and police officers F, etc. and heard their statements during the Ansan-si period following the 112 report that Defendant C, who was working by the Defendant, had an assault against others; (b) had attempted to put violence against others continuously despite the police officers’ restraint; (c) had police officers attempted to put violence against C in order to arrest a flagrant offender; and (d) had police officers attempted to take the body of the above E by hand and pushed it over the floor.

Accordingly, the defendant interfered with police officers' criminal investigations and legitimate performance of official duties concerning the protection of people's lives and bodies.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. It is not good that a crime is committed by assaulting a police official on the ground of sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment.

The defendant was recently prosecuted as a crime of assault and was subject to a disposition that has no right to prosecute.

However, the attitude of the defendant to recognize and reflect the crime seems to be.

There is no record of criminal punishment.

The sentence shall be determined as ordered in consideration of the conditions of sentencing, such as the circumstances leading to such circumstances and crimes, the age, sex, and environment of the defendant.

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