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(영문) 수원지방법원 2019.09.04 2019고단3790
공무집행방해
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

The defendant is an employee of the C cafeteria in Ssung City, and D is a person who operates the above cafeteria.

On June 27, 2019, at around 22:03, the Defendant reported 112 to the above C cafeteria, and voluntarily operated with D to conduct the investigation of the instant case along with D, and requested police officers to complete the investigation of the instant case, and two police officers, including F, etc., who are police officers belonging to the said E gate, sent the Defendant and D to the above cafeteria.

On the same day, the Defendant, at the front parking lot of the above C cafeteria at around 23:00, notified the police officer F, who took the Defendant into the above cafeteria at the Defendant’s request, of the following: (a) “I see whether I would grow back, see I see, cut, cut, ring, ring, and ring, I see F’s chest side by hand, and “I am off, I am off to the police officer.” However, the Defendant continued to assault F on several occasions, such as “I am off, I am off, I am off to the police officer.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases and criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (on the arrest site, etc.);

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime, the choice of fines (including confession, reflectivity, the absence of any record of punishment for the same kind of crime, and the absence of the record of exercise of the power to exercise the power, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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