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(영문) 수원지방법원 성남지원 2017.12.15 2017고단2401
공무집행방해등
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 June 15, 2017, the Defendant was sentenced to a suspended sentence of two years for criminal fraud in the Sungnam support of Suwon Friwon, which was sentenced to a suspended sentence of two years on June 23, 2017.

Criminal facts

1. Around 16:00 on March 30, 2017, the Defendant insultingd the victims by openly referring to a bitch, bitch, bitch, bitch, bitch, B, Dong-gu, Seongbuk-gu, Sungnam-si, Gyeonggi-do, to the second floor, and by openly insulting the victims, respectively, on the ground that there are about 10 employees at the restaurant, while visiting the scene after having received a report of the 112 column of the 112 box, and dispatched to the scene, the police box belonging to the branch police station D of the branch police station that prevents the Defendant, and the police officers belonging to the said police box.

2. On March 30, 2017, the Defendant: (a) committed assault, such as, at the place indicated in paragraph (1) around 16:00, the Defendant, during the process of arresting the Defendant on the grounds of the criminal facts and obstruction of duties stated in paragraph (1), by the police officer E in charge of the patrol box belonging to the branch police station; and (b) the police officer affiliated with the above patrol box, who was in charge of arresting the Defendant on the grounds that the criminal facts and obstruction of duties are stated in paragraph (1).

As a result, the Defendant interfered with police officers' legitimate performance of duties concerning the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of the F and E;

1. G statements;

1. Each complaint;

1. Previous convictions: Application of inquiry letter, investigation report (prior convictions and confirmations of suspended execution) and other relevant Acts and subordinate statutes;

1. Article 311 of the Criminal Act (a point of insult) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (a point of obstructing the performance of official duties);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act reflects the defendant's wrongness, and the defendant has no criminal history of the same kind of crime at the same time as in the judgment of fraud.

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