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(영문) 수원지방법원 2018.10.11 2018고단3960
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 June 23, 2018, the Defendant: (a) 01:35, on the road before the police box of Suwon-si Police Station C in Suwon-si, Suwon-si, which was arrested by the Defendant as a current offender from the police commander E, etc. affiliated with the police box of Suwon-si, who was a taxi engineer on the same day; and (b) spited the Defendant on the face and hand of the E, who was on board the back seat of the F 112 patrol while taking the bath in order to bring the Defendant into custody of the police box of Suwon-si, the Defendant, without any special reason, was arrested by the police box of Suwon-si, the police box of Suwon-si, which was arrested by the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements of D;

1. Each report on internal investigation:

1. Investigation report (victimd phone call);

1. Application of the Acts and subordinate statutes governing CCTV images, such as field photographs, etc.;

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

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

1. Circumstances unfavorable to the defendant with the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The act of spiting a taxi article on the face and hand of a police officer after being arrested as a flagrant offender under the influence of alcohol and then his/her brination on the face and hand at the patrol vehicle does not constitute an offense, and the liability for such offense is not less exceptionally applied. Normal circumstances favorable to the defendant: contingent crimes; recognition of mistake and reflect nature; there is no history of criminal punishment. Comprehensively, the sentencing conditions as prescribed in Article 51

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