logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2016.10.26 2016고단1708
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

Punishment of the crime

On May 7, 2016, at around 00:10, the Defendant: (a) received 112 report from the toilet of the building D in Sungnam-si, Sungnam-si, and the first floor, that “the Defendant was assaulted against a drunk person; and (b) took a bath to G while taking a bath from the horse F belonging to the Gyeonggi-nam Police Station E-gu, the Gyeongginam Police Station, which called “F, a police officer, and need not come to go to go to the police officer,” and assaulted F’s chest on two occasions.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting processing duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. Application of the Acts and subordinate statutes governing witness I's partial statement;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of a fine of choice of a sentence (the decision of a fine shall be made in consideration of the following: (a) the police officer who received a report from a third party after receiving the report and the Defendant who sought access to the perpetrator of the assault; (b) the use of violence against a police officer who conducts official duties is not less than the nature of the crime; (c) the use of violence against a police officer who conducts official duties is deemed to be an dynamic crime under the interest of the victim of the assault case; (d) the victim of the assault case is deemed to have no criminal records of the same kind; (e) the degree of the assault is not excessive; and (e) the intention of the assault is partially denied, but the use of violence is deemed to have been wrong

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

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

arrow