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(영문) 수원지방법원 2017.12.12 2017고단5973
공무집행방해
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

Criminal facts

On August 15, 2017, at around 15:20, the Defendant: (a) committed violence against a person living together with D, and (b) discovered the circumstances, etc. by separating D from D, while the Defendant: (c) the police officer F, etc. belonging to the police station E division in the Suwon-gu, Suwon-si, Suwon-si; (d) the Defendant tried to continuously access D; (b) tried to remove the Defendant; (c) tried to remove the boom by hand; and (d) laid down the knick by hand; and (c) knicked the G knick’s hand on which the Defendant had taken the cell phone on the cell phone.

As a result, the Defendant interfered with the legitimate execution of official duties concerning the investigation of crimes of domestic violence by police officers and 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Written statements of D;

1. 112 Reporting case handling table;

1. Application of the photographic 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 Competition;

1. Selection of a fine for selective punishment (the following circumstances are taken into account: (a) the Defendant has a depth of and reflected in the instant crime; (b) appears to have caused the instant crime by contingency, and (c) there is no record of criminal punishment other than minor two times; (b) on the other hand, the Defendant exercised violence against police officers in uniform; and (c) the victimized police officers have been punished for the Defendant);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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