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(영문) 수원지방법원 2016.08.17 2016고단3222
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant: (a) stated that the police officer, who belongs to the police station C of the Sungsungdong Police Station, voluntarily accompanied the police officer, for the commission of gambling, was dissatisfied with the police officer’s voluntary accompanying of the Dongdong Police Station C, on June 11, 2016; (b) found the police officer under the influence of alcohol at the above police station located in Yasan-si, Osan-si; (c) provided a bath for the police officer on duty; and (d) 25 minutes, including the police officer, who was exempted from his/her statues and her mouth, led him/her to a riotous and disorderly speech and behavior for about 25 minutes.

2. 공무집행 방해의 점 피고인은 2016. 6. 11. 19:24 경 위 C 파출소에서, 위 파출소 소속 순경인 E이 술에 취한 상태에서 상의와 하의를 벗고 그 곳 소파에 누워 있는 피고인에게 인적 사항을 물어보자, 발로 E의 어깨를 1회 찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning public peace and order maintenance, etc. of E, a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement made to F and E;

1. Statement prepared by G;

1. Application of each of the visual Acts and subordinate statutes to the photograph of a suspect within a police box and to take a video photograph;

1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of obstructing the revocation of the week), and Article 3 (3) 1 of the Punishment of Minor Offenses Act, and the choice of fines, respectively

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. There is no particular criminal history that can be taken into account both the shapes of the Defendant applied to the Acts and subordinate statutes of Articles 70(1) and 69(2) of the Criminal Act, the confession of the crime, and the degree of the use of violence against the Defendant’s police officer, and the degree of the use of violence against the Defendant’s police officer, considering the circumstances favorable to the Defendant that E, a police officer, does not want the punishment against the Defendant, and considering the Defendant’s age, sex, environment, motive of the crime, and circumstances after the crime, etc., the punishment should be determined as ordered in light of all the circumstances shown in the instant argument.

The part of the dismissal of prosecution.

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