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(영문) 수원지방법원 성남지원 2016.11.16 2016고단2840
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On August 27, 2016, around 03:35, the Defendant: (a) on the street in front of the convenience store located in Seongbuk-gu, Sungnam-si; (b) on the street, the Defendant requested to present an identification card from E, a police officer belonging to the Seongbuk-gu Police Station Diplomatic Police Station, who was called by the Defendant after receiving a report from 112 that the Defendant does not pay a taxi fee; and (c) refused to present an identification card; (d) on this end, the face of the police officer was taken one time; and (e) dismissed the arms of the said police officer by hand.

As a result, the defendant assaulted the above police officer and interfered with the legitimate execution of duties of the police officer's criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F’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. Articles 70 (1) 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 committed the crime of this case during the period of repeated crime, and the defendant again committed the crime of this case despite the same criminal records, the case and the nature of the crime are very serious.

However, in light of the fact that the instant crime appears to be a dynamic crime in the state of exploitation, the degree of the use of violence is relatively heavy, the Defendant himself is receiving treatment of alcohol, the Defendant’s social ties relation seems to be relatively solid in light of the application submitted by his family members and workplace employees, and other factors of sentencing as shown in the instant trial process, such as the Defendant’s age, character and behavior, living environment, and circumstances after the crime, shall be comprehensively considered and determined as ordered by the order.

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