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(영문) 수원지방법원 2018.03.15 2018고단691
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, at around 01:20 on January 23, 2018, “Cel D’s main points” located in B at the time of harmony, is without obtaining approval from the customer.

“A person who received a 112 report and was urged by F to return home from a police officer of the police station E box of the Sungsung F, who was called for, and received a 112 report, committed an assault, such as “I am on the house, I am off, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am on the left side of the F.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. G statements;

1. A photograph of damaged part of the victim;

1. Application of the Acts and subordinate statutes on closure of the crime scene to the victim;

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed an assault against a police officer who puts his/her duty in prison, thereby impairing the public authority with respect to the enforcement of the law.

Since the Defendant was punished by a fine in 195 (including damage to public goods) and 2008 due to violence, the Defendant had been able to become aware of his/her violent inclination during drinking, but again had been drinking again and committed the instant crime. However, since 2009, the Defendant appears to have faithfully engaged in a social life without the record of punishment.

The Defendant committed the instant crime by contingently, and reflects on the crime.

In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the records, shall be determined by the same sentence as the order.

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