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(영문) 수원지방법원 여주지원 2019.09.09 2019고단628
공무집행방해등
Text

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

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

Reasons

(2) On June 16, 2019, the Defendant: (a) around 03:48 on June 16, 2019, the Defendant: (b) was found to have been lost under the influence of alcohol at the C convenience stores; (c) the Defendant, who was required to return home from the police box affiliated with the relevant police box of the relevant police station (3*) after having received a 112 report, was frighted at the said convenience stores to the victim E (3*); (d) the Defendant was able to keep the victim back to the victim’s head; and (e) the victim prevented “B, she was from the movement box,” and “I am a large foot if I am, she was frighted.” (e.g., h., h., h., h., h., h., h., and h., h., h. and h., h., h. to the victim, and h.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases and the control of crimes, and inflicted bodily injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. G statements;

1. A written diagnosis of injury;

1. Damage photographs and photographs;

1. Application of statutes governing field video CDs;

1. Article 136 (1) of the Criminal Act (the point of interference with the execution of public duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

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. According to Article 334(1) of the Criminal Procedure Act, the Defendant, under the influence of alcohol, committed violence against the police officer called out. The degree of violence used by the Defendant is not weak, and the Defendant was injured by the police officer.

However, the degree of injury suffered by a police officer is minor and there is no record of criminal punishment against a defendant.

All of such circumstances, including the age, character, and environment of the defendant, and the circumstances after the crime are committed.

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