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(영문) 수원지방법원 2017.10.17 2017고단4099
공무집행방해등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. In a case where around 04:10 on June 3, 2017, the Defendant insultd the Defendant at the entrance of the first floor above 225-dong 1, 2017, “Abreast men are under the influence of alcohol.”

In the case where the victim E, who is a guard belonging to the police station of the Sungsung-dong Police Station, receives a report to the effect that “I am home,” and the victim is heard the location expenses, etc., the police station of the 112 police station of the Sungsung-dong Police Station who was called out.

“To the effect that it was “....”

Accordingly, the Defendant publicly insultingd the victim.

2. When the Defendant was required to return home from F, at the time, at the place specified in paragraph 1, at the time, and at the place, to a police officer belonging to the D police station located in the G police station in the G police station in the Gesung, he spits the F’ face and spits the F’s face and assaults the F in his hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each investigation report (report on the analysis of black stay images and telephone conversations for witnesses);

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

1. Article 311 of the Criminal Act (a point of insult) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (a point of obstructing the performance of official duties);

1. Selection of each alternative fine for punishment;

1. The aggravated punishment for concurrent crimes: former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes shall be limited to the extent that the aggregate of the amounts of the above two crimes is added to the obstruction of the execution of heavier public duties);

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sexual conduct, environment; (c) motive and background of the crime; (d) the means and method of the crime; and (e) the circumstances after the crime, etc., the punishment is determined as ordered.

[ favorable circumstances] The Defendant, who led to the confession of each of the instant crimes, recognized his mistake, and the instant case is contingent upon the Defendant’s conviction.

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