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(영문) 수원지방법원 2017.04.19 2016고단5879
공무집행방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 16, 2016, the Defendant assaulted “D hotel” (hereinafter “D hotel”) in Suwon-si C at a bus stops 720-2 bus stops and 112 reported to the Defendant, and attempted to interfere with the operation of the bus even after receiving a request from F officer for getting off the bus, and thereby obstructing F officer’s lawful execution of duties concerning the prevention and suppression of the police officer’s crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and F;

1. The application of statutes to a police officer’s performance of official duties is deemed legitimate, and the Defendant’s act does not constitute a legitimate defense in light of each of the above evidence, although the Defendant asserted that the performance of official duties by a police officer was not legitimate at the time of the instant crime, and that the Defendant acted at a legitimate defense level, in light of the above evidence, it is difficult to view that the police officer’s performance of official duties is legitimate, and the Defendant’s act constitutes a legitimate defense

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. The sentencing guidelines do not apply since the reasons for sentencing of Articles 70 and 69(2) of the Criminal Act, which are to attract the workhouse, are to select the reasons for sentencing.

The crime of this case is due to the use of violence to the police officer called out after receiving a report on the failure inside the bus, and the nature of the crime is not good.

However, the fact that the physical strength used by the defendant is not very important, that the defendant seems to have committed any contingent crime in the drunk, and that the defendant does not have any criminal record exceeding the fine is favorable.

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