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(영문) 수원지방법원 안산지원 2017.05.25 2017고단431
공무집행방해
Text

Defendants shall be punished by a fine of KRW 3,000,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

1. On January 21, 2017, the Defendant: (a) 23:40, while the Defendant was in the old road near the Yandong-dong of Ansan-si, Ansan-si, the Defendant: (b) while driving the Defendant’s son, who was in the process of driving the son; (c) committed an assault against the said D; (d) the Victim F, who was a police officer belonging to the E division of the Ansan-gu Police Station E division of the Ansan-gu, Police Station E division of the Ansan-gu, who was dispatched after receiving a report of 112, was able to kill the Victim F with the defect in order to arrest the said B as the offender under the suspicion of assault; and (e) carried the victim’s chest.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

2. At the time and place specified in paragraph 1, Defendant B, the father of the Defendant, assaulted the above victim F, and the said victim attempted to arrest the said victim F with the intention to obstruct the performance of official duties, thereby shaking the victim’s injury, and pushed the victim’s chest.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of D;

1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Article 136(1) of the Criminal Act and the choice of fines

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the Defendant’s age, sex, environment, background leading up to the instant crime, means and consequence, circumstances after the crime, the circumstances after the crime, the number of similar cases, and other various conditions of sentencing as shown in the pleadings of the instant case; however, the following circumstances should be taken into account in particular: (a) the Defendants exercised violence against the police officer carrying out legitimate performance of official duties; and (b) the Defendants’ mistake is recognized and against the Defendant’s mistake.

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