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(영문) 수원지방법원안산지원 2020.08.13 2020고단2438
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. Around 12:40 on June 14, 2020, the Defendant interfered with the business, while under the influence of alcohol to “D” for the operation of the victim C (the 55-year-old) on the victim C (the 55-year-old) on the 1st floor of Ansan-gu, Ansan-si, Annsan-si, the Defendant expressed the victim’s desire to drink “hing alcohol,” and “booms,” and even at the victim’s request for a change from the victim, the Defendant continued to take a bath to “b belt” and booms the victim’s temporary operation until 13:00 on the same day.

2. On June 14, 2020, the Defendant refused to comply with the performance of official duties, upon receiving a report from the operator 112 and receiving a request for returning home from the police officer F and policemen belonging to the Ansan Police Station E box, which was called out by the Defendant on the first floor B of Ansan-si, Ansan-si, Masan-si, Masan-si, B1, stating, “The Defendant does not come to the Defendant under the influence of alcohol.” On the other hand, the Defendant rejected the request from the police officer of the Ansan Police Station E box, who was called out after receiving a report from the operator 112, and the above police officers attempted to get out of the Defendant and go back from the Defendant, and was tightly pushed up two times with the light floor.

Accordingly, the defendant assaulted police officers who execute 112 reporting affairs to interfere with legitimate execution of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the F and C of each police protocol of statement H to the field photographs and CCTV video-related Acts and subordinate statutes;

1. Article 136(1) of the Criminal Act and Articles 314(1) of the Criminal Act (the point of obstructing performance of official duties): Selection of each fine [the victim of obstruction of official duties expressed his/her intention not to punish him/her, and there was no special damage to his/her business. Otherwise, the defendant's failure to health due to the existence of alcohol, etc. (the counsel is the opinion that does not make a legal judgment on the issue of mental and physical disability, because his/her counsel mentioned a mental disability as a result of referring to a mental and physical disability, but does not make a separate judgment on the issue of mental and physical disability), the fact that all of the crimes are recognized, and are in contravention of the law, and the fact that there is no excess penalty

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