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(영문) 수원지방법원 평택지원 2016.02.18 2015고단1581
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. In the front of the restaurant located in Pyeongtaek-si Park around 02:40 on August 22, 2015, the Defendant: (a) was aware of the driving of alcohol in front of the restaurant located in Pyeongtaek-si Park; and (b) B and C, etc., on which the Defendant reported the suspected driving of alcohol, and (c) was dispatched to E by the head of the police station affiliated with the 112 Gyeong-si Police Station D branch, who was called out after receiving a report; (b)

Does the report was made; Doz.;

The victim openly insultingd the victim by referring to the very remote guesta gue, “Ie the gueste”.

2. The Defendant obstructed the performance of official duties at the time, time, and place of the foregoing paragraph (1) and committed assault, such as humping the face of the said police officer in his/her hands, when he/she was arrested a flagrant offender by insult E from the superintendent of the police team affiliated with D District Police Station D District;

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on criminal investigation and maintenance of public order.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A complaint filed by E;

1. Application of the police statement law to E and C;

1. Article 311 of the Criminal Act and Article 136 (1) of the same Act concerning the facts constituting an offense (excluding punishment);

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

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

1. Determination on the application of the sentencing criteria under Article 334 (1) of the Criminal Procedure Act for the Provisional Payment Order: It shall not be applicable;

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