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(영문) 수원지방법원 안양지원 2016.11.01 2016고단1155
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 7, 2016, the Defendant, while drunking in front of the “C” located in the Gu, was trying to take alcohol on the road in front of the Gu’s “C” located in the Gu, and was lying on the road, etc., and was acting on the part of the Defendant, the background leading up to the D police station, E, and F were dispatched to the site during the safe period of being reported by the witness 112.

At this point, the above police officers prevented the defendant from acting, verified his domicile, and moved the defendant from the patrol vehicle to the near taxi platform to move the defendant from the patrol vehicle to the near taxi platform.

이에 경찰관들이 피고인의 행동을 제지하자, 피고인은 ‘경찰관 개새끼들, 너희들이 뭘 도와준다는 거냐 ’라는 등의 욕설을 하면서 경장 F의 어깨와 허벅지를 주먹으로 각 1회 때리고, 그 옆에 있던 경위 E의 가슴과 허벅지를 주먹으로 각 1회 때렸다.

As a result, the Defendant interfered with the legitimate performance of duties E and F in the process of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

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

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

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. Reasons for sentencing in Article 334(1) of the Criminal Procedure Act - Reasons for sentencing in favor of the defendant under Article 334(1) of the Provisional Payment Order - Reasons for sentencing in favor of him/her: The defendant acknowledges his/her mistake, the primary offender, the unfavorable circumstances: The fact that the police officers who assault the defendant under the influence of alcohol to return safely to his/her will

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