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(영문) 수원지방법원 2020.04.02 2020고단764
공무집행방해
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. The Defendant, from around 03:15 on November 10, 2019 to around 03:20 on the same day, was under the influence of alcohol in the D’s neighboring street located in Ansan-gu, Annsan-si, 03:20 on the same day, and the Defendant: (a) reported the 112-report and reported the 112-day Police Station E Zone B, a police officer, etc. belonging to the Ansan-gu, Annsan-gu, Police Station E zone, who was called up, was on board, and the said witness was able to say that the Defendant would not drive the vehicle near the above vehicle’s seat; (b) the Defendant opened the driver’s seat and opened the driver’s seat and walking the door one time to the right side of the vehicle; and (c) assaulted B, i.e., cutting off B’s title with the left part of the vehicle from the driver’s seat.

Accordingly, the defendant interfered with legitimate execution of duties on the prevention and restraint of police officers' crimes.

2. Around 05:20 on November 10, 2019, the Defendant committed the crime against G was arrested as a flagrant offender with the same facts as the statement in paragraph (1) and was transferred to E district units in the course of the patrol vehicle in order to transfer to the said police station, the Defendant assaulted G, a police official of H, who was in practical training in the said district, as soon as possible, once buckbucks about the left side of G, which was a police official of H, who was in practical training in the said district.

Accordingly, the defendant interfered with legitimate execution of duties on the prevention and restraint of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and G;

1. A written statement of I;

1. Application of the case site photograph and the Acts and subordinate statutes to capture a criminal image;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria are not applicable as the sentencing criteria have been selected as a fine is applied.

2. Determination of sentence;

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