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(영문) 수원지방법원 2020.12.03 2020고단6589
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 01:35 on August 16, 2020, the Defendant: (a) demanded to return home from the slope E belonging to the D District Unit of the Modong-dong Police Station D District, the Defendant reported 112; (b) threatened the police officer with “or any one time, less than one eye,” and interfered with the police officer’s legitimate execution of duties concerning the handling of the 112 reported case, by assaulting the Defendant, such as assaulting the E at one time, by giving notice of the crime of obstruction of performance of duties by intimidation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (to analyze images of mobile phones, etc.);

1. Application of statutes on site and victim photographs;

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 against the defendant's recognition of the crime of this case, the defendant has no record of criminal punishment for obstruction of performance of official duties, and other various sentencing conditions such as the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime shall be determined as follows.

Public Prosecution Rejection Parts

1. On August 16, 2020, the Defendant: (a) around 00:59, at the right side of the latter part of the G Apartment-dong, the Defendant: (b) stated that the victim F (Nam, 19 years of age) was changed to one cigarette; (c) however, the Defendant expressed that the victim did not have any defect; (d) stated that he did not have any defect, and (e) took her face by her hand flab, flab, and flab, flab, and flabed the victim’s face at one time by hand; and (e) assaulted the victim’s head and face of the victim G (ma, 19 years of age) who was the one-way of the said victim.

2. Determination of applicable provisions of Acts: Judgment dismissing the victims from submitting an application for no punishment after the prosecution of this case under Article 260 (3) of the Criminal Act: the Criminal Procedure Act.

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