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(영문) 수원지방법원 2016.08.30 2016고단2897
공무집행방해
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

At around 03:00 on May 21, 2016, the Defendant: (a) committed an assault, such as the Defendant’s mother and her head, who gets off the Defendant’s left Habbbbbbbb in front of the “E shop located in Suwon-si, Suwon-si; and (b) was arrested as a flagrant offender under the suspicion of interference with the performance of duties by the police officer affiliated with the Defendant’s patrol station G box in the Southern-gu, Suwon-gu, Police Station G box in the Republic of Korea; and (c) prevented the Defendant from taking off the Defendant’s arms of the Defendant’s Ha and the head, who tried to take off the said F in the patrol at his hand, thereby breaking the Defendant’s left Habbbbbbbb.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. With respect to the victim's water, the application of the statutes governing the body buckbucks photographs to the victim;

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. The defendant and his/her defense counsel's assertion on the argument of the defendant and his/her defense counsel under Articles 70 (1) and 69 (2) of the Criminal Act confined in the workhouse, are asserted to the effect that the defendant had been physically and mentally under a state of mental weakness by drinking at the time of the instant case. Thus, according to the evidence of the judgment, even though the defendant was aware that he/she had drinking alcohol at the time of the instant case, it cannot be deemed that the defendant did not have the ability to discern things

The reason for sentencing is not sufficient for the defendant to commit a crime, such as assaulting a police officer who is performing official duties without being aware of during the period of probation. However, there are circumstances to take into account the circumstances such as committing the crime of this case in the course of resisting the arrest of the F, such as committing the crime of this case, the defendant's reflects the fact that the defendant has been punished by a fine or a suspended sentence, but there is no criminal record related to violence, and the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc.

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