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(영문) 수원지방법원 안양지원 2019.11.29 2019고단1897
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 100,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On July 24, 2019, around 22:25, the Defendant committed assault, such as spiting, on the front side, the police officers, who were called for, after receiving a report of 112 that “the front of the convenience store” was “to have been used by the person front of the convenience store,” and the police officers, who were called out, attempted to have the Defendant returned to the Defendant. The Defendant committed assault, such as spiting, spiting, etc. the back of knee E at one time, and spiting down the face at several times.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of public order.

2. The Defendant violated the Punishment of Minor Offenses Act by drinking alcohol at the same time and place as set forth in paragraph (1) and 20 minutes of a house, such as “F sewage” and “humbing”, sent out to police officers, who were dispatched by the residents, led to a fluence of neighbors by leaving the house with a large amount of 20 minutes of a house.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on internal investigation (as to the situation, etc. at the time of withdrawal);

1. Application of Acts and subordinate statutes to investigation reports (security of motion pictures at the time of the case);

1. Relevant provisions of the Criminal Act concerning the facts constituting the crime, Article 136 (1) of the Criminal Act selecting the penalty, and Article 3 (1) 21 of the Punishment of Minor Offenses Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (limited to imprisonment);

1. The sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment in order to establish the State’s legal order against the defendant who committed violence against a police official on the grounds of sentencing.

However, the attitude of confession and reflect is shown.

It is an initial crime without criminal force.

Intoxicated, it has been committing a crime by accident.

After the prosecution, the police officers who suffered damage prepared a written agreement and a written application that did not punish the accused.

The sentence shall be determined as ordered in consideration of such circumstances, the age, character and conduct, environment, etc. of the defendant.

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