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(영문) 수원지방법원 2018.05.17 2018고단498
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

Around 01:30 on January 19, 2018, the Defendant: (a) was male-child zone of C; (b) on the street of the 94-ro ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (112), sent to the site by the security guard F, etc. who was a police official belonging to the Sungdong Police Station E-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

Accordingly, the defendant assaulted police officers to arrest flagrant offenders and obstructed the performance of their duties.

Summary of Evidence

1. Application of the Act and subordinate statutes to the accused’s legal statement C of the police interrogation protocol F of the suspect interrogation protocol, the written G of each police statement protocol concerning D to arrest a flagrant offender;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Circumstances unfavorable to the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act: under the influence of alcohol, the liability for committing a crime in which police officers are able to take a bath or violence is not easy. The circumstances favorable to the defendant are contingent crimes, and the degree of violence is not serious. Recognizing errors and reflects that there has been no history of punishment in the Republic of Korea. Comprehensively, the sentencing conditions prescribed in Article 51 of the Criminal Act are included.

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