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(영문) 수원지방법원 성남지원 2018.01.24 2017고단3278
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On October 27, 2017, the Defendant sought to leave the scene without paying the taxi fare on the front of the cshovast Podrid Posck Posck Posck Posck Ba on October 27, 2017, and was dispatched to the police officer E and police officer assigned to the site after receiving a report 112, and the Defendant was subject to the control of F; and

Some of them do harm;

Miscellaneous a person who fails to meet the standard of the magazine;

1) The Plaintiff expressed his bath to “h.h.” and assaulted the Defendant’s h’s h’s h’, as the h’s h’s h’s h’s face would be h’h’ and face.

The Defendant continued to restrain the Defendant from continuing to do so to F.m. “N. N. M. L. F. F. F. F.

짱 한번 뜰래,

Some Doz. Doz. Doz.

“In doing so, assaulted the left chest part of the F at one time by taking the bath of “.....”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. G statements;

1. A photograph by capturing a shot image;

1. Application of statutes on the photograph of the case

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Prosecutor’s opinion - Ten months of imprisonment;

2. Determination of sentence - The obstruction of the execution of official duties of KRW 5 million is a serious crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus requires severe punishment. However, a fine shall be selected by taking into account the fact that the defendant is led to confession and reflect, the defendant has no record of committing an offense exceeding the fine, and the defendant has deposited some amount for police officers;

In addition, Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., is various as shown in the records and arguments.

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