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(영문) 수원지방법원 평택지원 2014.05.01 2014고정121
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 22:30 on December 18, 2013, the Defendant: (a) requested the Defendant to pay the drinking value from E to the police officers belonging to the Pyeongtaek-si Police Station D police box called “I ambling, cutting down, and scambling” of the above E while taking the bath to the above E; (b) pushed the Defendant’s chest of the police officer belonging to the same head box two times on one hand; and (c) assaulted the Defendant at one time on one hand, such as walking the Defendant’s left buck, who arrested the Defendant in an act of committing a flagrant act, and walked the above E’s left side buck.

Accordingly, the defendant interfered with the performance of duties by legitimate police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and F;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

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

1. Although the criminal liability of the defendant who used violence against police officers in the course of performing official duties for the reason of sentencing under Article 334(1) of the Criminal Procedure Act does not seem to be minor, the crime is recognized and divided, there is no previous error, and the police officers dispatched when they dispute whether the defendant holding a credit card demands a liquorr and an appropriate drinking value, which led to the occurrence of the crime of this case, are unilaterally ordered as per Disposition in consideration of the circumstances leading up to the crime of this case.

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