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(영문) 수원지방법원 안양지원 2014.05.16 2014고단477
공무집행방해
Text

Defendant shall be punished by a fine of KRW 7,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The facts charged are also stated in the facts that the defendant took a bath, but the prosecutor did not prosecute the facts as a crime of insult, and the defendant's intimidationd a public official in the performance of his duties is not deemed to have been prosecuted. As such, among the facts charged, the part corresponding to the obstruction of performance of duties (the part of violence against a public official performing his duties) among the facts charged is organized as follows and recognized the facts charged

At around 01:10 on February 2, 2014, the Defendant: (a) committed an assault to the reporter’s father and mother of the Defendant, who was a police officer belonging to the Kunang Police Station D District, and called “the wife does not open a door”; and (b) obstructed the police officer’s legitimate execution of duties concerning the duties of handling 112 reports by assaulting the reporter, who was the father and mother of the Defendant, in order to verify the factual relations, by making inquiries and interviews with him defective; and (c) embling the e-thro, spath of the e-thro, and spath of the chest with his hand three times.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized the crime and reflects it, and that there is no record of punishment for the same kind of crime is favorable to the defendant.

On the other hand, the circumstances such as the fact that the defendant was sentenced to a fine several times for the crime such as assaulting or injuring a person, the fact that the defendant was sentenced to a suspended sentence due to the crime of bodily injury, and assaulted the police officer by again exercising violence are disadvantageous to the defendant.

The above circumstances and motive leading up to the instant crime, the circumstances after the commission of the crime, the defendant's age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments.

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