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(영문) 수원지방법원 2018.07.19 2018고단2701
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 April 14, 2018, at around 02:16, the Defendant, upon receipt of a report from 112, that a fighting match was conducted at the “C main place” located in the Sinsan City B, and committed assault by the Defendant, at one time, to enter the place of a fighting match by the slope E belonging to the D District Unit of the Dong-dong Police Station D, Seosung-dong, Dongdong-dong, Seoul, with a view to preventing this from entering the place, and, at the same time, to E, “we must not see any weather in the place of a fighting match.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the police in relation to the defendant's legal statement E;

1. Application of each investigation report (Evidence No. 1 of the evidence list Nos. 1, and police officers’ ID camp, the page page page page page at the time of the instant case), photographs of damaged parts of the diagnosis, badi video CD 1 of the Act and subordinate statutes;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Circumstances unfavorable to the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The punishment for the crime committed by a police officer who was dispatched upon receipt of a report shall not be mitigated. The circumstances favorable to the defendant are contingent. The defendant’s erroneous recognition of errors and severe reflects the fact that there is no other previous conviction except for those subject to a fine of KRW 300,000 as a result of a violation of the Act on Origin of Agricultural and Fishery Products in 2011. There is a dependent, such as a child, etc. In addition, the general elements of sentencing prescribed in Article 51 of the Criminal Act are as follows.

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