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(영문) 수원지방법원 여주지원 2019.08.27 2019고단686
공무집행방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 6, 2019, at around 00:40, the Defendant: (a) franked a couple’s fighting on the street in front of a singing room in Ischeon-si B; (b) assaulted D in front of the police officer who received a report and dispatched the report, and was thus subject to a disposition that the part of the assault was not subject to prosecution as a penalty of D. This constitutes a assault by F to ask the Defendant for the left part of the said F as soon as possible.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the statement statement to F;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. The fact that several times of punishment for an act of violence with reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has been taken into account unfavorable circumstances.

However, the favorable circumstances should be taken into consideration, such as the fact that time is dead and reflect, the degree of violence, the fact that it seems that the state was somewhat lost due to the influence of alcohol at the time, and the fact that the damaged police officers want to find the Defendant's wife.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, and criminal record, are considered as above.

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