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(영문) 수원지방법원 2020.04.24 2020고단53
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On December 10, 2019, at around 00:50, the Defendant: (a) 00:50 on the roads adjacent to the B Apartment-dong B Apartment-gu, Suwon-si, Suwon-si, and the taxi driven by D without paying the taxi fee; (b) was divingd on the back of the taxi, without paying the taxi fee; (c) received a 112 report on the fact that he was a taxi customer, and tried the situation at the site by the border F of the Suwon-gu, Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, Suwon-si, Suwon-si, and sent the case to the site; and (d) the Defendant committed assault against D, such as holding

피고인은 위와 같은 폭행행위로 인하여 현행범인으로 체포되는 과정에서 F가 피고인을 택시에서 끌어 내리려고 하자, 발로 F의 오른쪽 허벅지 부위를 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have been committed by a police officer dispatched after receiving a report of 112, and the nature of such crime is not minor.

However, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the Defendant recognized the instant crime and divided his mistake; (b) the Defendant was the primary offender; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; (d) means and consequence of the crime; and (e) the conditions of sentencing indicated in the record, such as the circumstances

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