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(영문) 수원지방법원 2021.01.18 2020고단7679
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 31, 2020, the Defendant: (a) received a request from a person without his name during his dispatch to the Young-gu, Suwon-gu, Suwon-si, Suwon-si to request that “A person who male is walking the parked vehicle and walking the seat of the vehicle,” and (b) the police officer D and E belonging to the Suwon-gu Police Station C District Team in the Suwon-gu, Suwon-si, Suwon-si, Suwon-si, who was subject to the request of the Defendant to stop the Defendant; and (c) “Ne is the police officer.”

Mags shall be discarded down.

“Fresh,” and brushed the chest of E with his hand, two times.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The crime of obstructing the execution of official duties for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not only an act of causing physical pain to the victimized police officers, but also an act of causing harm to the safety of citizens and the duties of maintaining social order, and it is necessary to strictly punish them.

However, considering the favorable circumstances, such as the fact that the defendant recognized the crime and reflects the depth of the crime, the fact that there is no previous conviction or fine exceeding the same kind of criminal record or fine, the defendant's age, attitude, environment, circumstances, background of the crime, degree of conduct, circumstances after the crime, etc., the punishment is determined as ordered.

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