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(영문) 수원지방법원 2020.09.11 2020고단4204
공무집행방해
Text

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

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

Reasons

Punishment of the crime

At around 23:50 on June 7, 2020, the Defendant spited, on the road front of the wife B and the C convenience store located in Yongsan-si, and on the road, the Defendant spited, on the 112 report, the Defendant spit the spit of the police officer belonging to the D Zone of the Yeongdeungpo-dong Police Station D Zone, which was called out after being reported 112, the police officer E who was requested to return home from the police officer E, the 112 patrol police officer without any particular reason, and then spited the spit of the ice E and the parts of the ice E as drinking, and then spited the bucks on the left side of the Babbbbbbbbb and the F face.

Accordingly, the defendant interfered with the legitimate execution of official duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each witness's written statement in G, H and I;

1. Damage photographs;

1. Investigation Report - Application of the Acts and subordinate statutes that investigate CCTV images in convenience points;

1. Article 136 (1) of the Criminal Act and the choice of fines concerning the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which causes obstruction of the performance of official duties, requires strict punishment compared to an ordinary act of assault or intimidation, as it undermines the function of the State by assaulting or threatening a public official who properly executes his duties. In addition, the Defendant’s age, character, behavior, attitudes, background and motive leading to the crime, means and consequence of the crime, etc., including the following: (a) the form and degree of assault and intimidation; (b) the Defendant acknowledges and reflects the mistake at the investigation stage; and (c) the Defendant’s age, character and behavior, attitude and motive leading to the crime; (d) the method and consequence of the crime, etc.,

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