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(영문) 수원지방법원 2016.09.22 2016고단3802
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On June 22, 2016, at around 00:05, the Defendant: (a) expressed a desire to hear the words “at the time of trial to a substitute driver”; (b) on the street in front of the Party B, the Defendant 112 reported, and (c) expressed the words “at the time of returning home at that time” from the border E belonging to the police station of the Seocho-dong Police Station D branch of the Yongsan-dong Police Station, which was called “at the time of returning home at that time”, and carried the body of the said E at hand and carried the arms.

Accordingly, the defendant interfered with the legitimate performance of public duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes notifying departments related to 112 Incident reporting;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines for the crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is not good in light of the form and content of the instant crime, but the Defendant would not repeat again against his mistake and will not repeat again.

Along with the fact that the defendant is the first offender, the defendant is the first offender, and the defendant has to take into account the circumstances such as the fact that he/she found himself/herself in the police station where the victim works several times after the crime of this case and sought a letter, and other factors in sentencing recorded in the records, such as the defendant's age, sex, environment, family relationship, circumstances after the crime, and circumstances after the crime, etc., shall be determined as ordered by the sentence

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