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(영문) 수원지방법원 안양지원 2016.02.16 2015고단1853
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 14, 2015, the Defendant was under the influence of alcohol at around 10:55, and was under the influence of alcohol on the floor of a restaurant parking lot in C cafeteria B located in Ansan-si, and was sent to patrol vehicles in front of G housing, which is the Defendant’s residence in the same Gu F, by means of the police station D Rabs E, etc., during the safe period of mobilization.

The Defendant assaulted the police officer’s 112 reporting duties, such as making a large sound without any reason to hear the Defendant’s returning home because he/she arrived from E to front of his/her house, cutting off drinking to E and sprinking it, thereby hindering the police officer’s legitimate performance of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The sentencing guidelines are not applied since the sentence of a fine is imposed on the grounds of the sentencing of Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment.

In light of the fact that the defendant uses violence against a police officer in the course of performing official duties, the punishment as ordered shall be determined in consideration of the fact that the defendant is against his/her mistake, that he/she has no record of crime exceeding the fine, that he/she has no record of crime beyond the fine, and other conditions of sentencing, such as the age, sex, and environment of the defendant.

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