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(영문) 수원지방법원 2015.10.15 2015고단3762
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 15, 2015, the Defendant: (a) was under the influence of alcohol on the roads front of the Sejong Elementary School located in the area of the Sejong High School located in the 78-ro, Suwon-si, Suwon-si; (b) the Defendant, upon receipt of a report from B, recommended the Defendant to pay the fare and return home, by the police officer D belonging to the Suwon Police Station C District of the Suwon Police Station, dispatched after receiving the report from B; and (c) the Defendant rejected this.

The defendant was notified from D that he will refer to a summary trial of an unsatisoned lane, and was assaulted by D's own hand at one time with his left hand in order to go along the patrol lane in the C district.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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

1. Selection of a selective fine for punishment (the amount shall be determined in consideration of the fact that the defendant reflects the crime, the fact that there is no record of punishment exceeding the previous conviction and punishment for the same kind of crime and the punishment for the fine, and the crime committed by drinking and contingently, but the commission and degree of the violence the defendant has used and the fact that the defendant has failed to take use of it from the victimized police officer, etc.);

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;

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