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(영문) 수원지방법원 평택지원 2020.04.07 2019고단1448
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 15, 2019, at around 03:45, the Defendant: (a) on the front of the “C” in Pyeongtaek-si B; (b) on the front of the 112-reported 112, the Defendant requested the above police officer to return home from E, who was called “Isle,” and (c) on the right drinking part of the police officer’s left face.

In the end, the Defendant interfered with the legitimate performance of official duties by police officers related to the processing of 112 Report, and at the same time, the Defendant inflicted an injury on the victim, such as chins, tensions, etc. requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Table 112 Handling of reported cases, respectively;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on the crimes of serious bodily injury between the two crimes)

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment for the crime of obstruction of the performance of official duties by obstructing the exercise of legitimate public power.

The defendant under the influence of alcohol inflicted an injury upon a police officer who solicits him/her to return home by using violence without any particular reason.

However, the defendant did not have any other penalty than a fine of KRW 300,000 due to the crime of assault, and led to the confession of the crime of this case, leading up to a serious and deep sense, and reflects it.

In addition, it has been faithfully living, and the future life is also in good faith and exemplary life such as the submission of gold certificates.

Where the defendant is sentenced to imprisonment without prison labor or heavier punishment, the employment contract with the company currently in service may be terminated.

The defendant's age, character and conduct, environment, and crime are selected in consideration of these circumstances.

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