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(영문) 수원지방법원 안양지원 2020.03.27 2019고단2406
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On October 31, 2019, around 02:18, the Defendant sought to look back to the Defendant’s female-friendly C, and refused to return home before Ansan-si B, and sent to the scene the police officer E (31 years of age) and F (33 years of age) belonging to the police station D Zone D, and the police officer heard the details of the report from C.

이에 피고인은 “내가 남자친구다, 경찰서 가자, 날 잡아가라”며 흥분하며 욕설을 하여 위 경장 E으로부터 ‘진정하시고 욕은 하지 말라’는 말을 듣자 주먹으로 위 경장 E의 가슴을 1회 때리고 주변에 있던 경찰관들로부터 이를 제지당하자 재차 주먹으로 위 경장 E의 가슴을 1회 때리고, 계속해서 옆에 있던 위 경장 F의 복부를 발로 1회 찼다.

Accordingly, the defendant assaulted E and F, a police officer, and obstructed the police officer's legitimate execution of duties concerning the prevention of a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Report of investigation, report of internal investigation (video reading made by a police officer), the application of Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of applicable sentences under the law] of the sentencing of a fine of KRW 50,000 to KRW 10,000 (Application of the sentencing criteria], and the sentencing criteria not applicable [decision of sentence] of a fine of KRW 5,00,000,000, and all the conditions of sentencing indicated in the circumstances and records are determined as ordered.

D. Unfavorable circumstances: (a) the defendant was unable to have a woman-friendly woman home and thus prevented police officers from performing their duties by ging the time room and using violence; and (b) the defendant was punished by a fine of KRW 1,50,000 on May 15, 2019.

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