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(영문) 수원지방법원 평택지원 2019.02.20 2018고단1277
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

On July 3, 2018, at around 02:36, the Defendant: (a) her hand sawd D with the front of a police box located in Pyeongtaek-si B; (b) her head at one time to her head; and (c) her on the same day, at around 02:53, the Defendant assaulted the her left part of the instant E at a police box located in Pyeongtaek-si B on two consecutive occasions to walk the her head at the police box located in Pyeongtaek-si B.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes concerning CCTV closure data;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The punishment is determined as ordered by comprehensively taking account of the following factors: although the punishment is not less than marcated by exercising violence against police officers on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the degree of violence is not limited, the degree of violence is not limited since 2004, there is no criminal record; the defendant's age, character and conduct, environment, circumstances leading to the crime, circumstances after the crime, etc.

Public Prosecution Rejection Parts

1. The summary of the facts charged assaulted the victim D (year 22) as stated in the judgment at the time and place as indicated in the judgment.

2. Determination

(a) Crimes of non-compliance with will: Article 260 (3) of the Criminal Act;

B. After the prosecution of this case, a written agreement that the victim would not be punished against the defendant is submitted.

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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