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(영문) 수원지방법원 2017.08.17 2017고단3288
공무집행방해등
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

1. On May 7, 2017, the Defendant: (a) received 112 reports on May 23:20, 2017, from the police officer D who was called out, and was urged to return home from the party D to the police box to the police officer, and subsequently obstructed the police officer’s legitimate performance of duties in relation to the notification of 112 reports by assaulting him/her, such as cutting down a spawn, cutting down a spawn, spawn, spawn, etc.

2. The Defendant was urged to return home from a slope E belonging to the police box to the victim at the same time and place, and considered to be a pedestrian who passed away from the police box, and whether the Defendant “M s s s s s s s s s s s s s sp

The bitch fluor, the Marine Corps, shall be the only bitch fluor.

개새끼들 아, 개새끼야. 엡창새끼들아 ”라고 하는 등 욕설을 하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Each photograph;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 311 of the Criminal Act, and the selection of fines for a crime;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant obstructed the performance of official duties by committing assault while taking a bath against a police officer in the state of detention; the circumstances that are favorable to the nature of the crime are recognized and reflected: the defendant's mistake is recognized, there is no record of criminal punishment, and the degree of assault seems not to be excessive; the punishment is determined as ordered in consideration of all the sentencing conditions such as the above circumstances, the defendant's age, sexual behavior, environment, etc.

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