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(영문) 수원지방법원 안양지원 2017.07.07 2017고단615
공무집행방해등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. On March 22, 2017, the Defendant interfered with the performance of official duties, at the center of Shicheon-si, 137, and at the bus stops in front of Mancheon-si, 112, the Defendant sent to the bus station upon receipt of a report that he would desire the bus officers under the influence of alcohol, and at the bus stops in front of Mancheon-si, and at the time of request for presentation of identification cards from C and D, the Defendant used anti-end and bathing without disclosing his status, and used the anti-end and bathing part twice for his hand, and used C and D as his breast part twice for the reason why he failed to disclose his status.

As a result, the defendant has prevented police officers from performing their legitimate duties in regard to the handling of 112 reported cases.

2. 각 모욕 피고인은 위 1 항 기재 일시, 장소에서 다수의 행인들이 있는 가운데 위 1 항 기재와 같이 신분증 제시를 요구하는 경찰공무원들인 피해자 C, D에게 “ 씨 발, 뭣 때문에 그러는데”, “ 아이 씨 발 모르겠다”, “ 개새끼들 아 ”라고 약 10분 간 큰소리로 말하여 공연히 피해자들을 각 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements in C and D;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes notifying departments related to 112 reporting of the case;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Sentencing under Article 334(1) of the Criminal Procedure Act - Sentencing unfavorable circumstances: The fact that the nature of the crime is inferior in light of the background and details of the crime, the circumstances before and after the crime, etc. - the circumstances that reflects the wrong facts, and that there is no other criminal record, such as the previous criminal records, in addition to the previous criminal records of a single type of fine - Other circumstances: the defendant's age, sex, occupation, family relationship, etc

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