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(영문) 수원지방법원 2017.06.22 2017고단2576
공무집행방해
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 January 27, 2017, the Defendant: (a) around 09:25 on January 27, 2017, “A traffic accident has occurred, and the Defendant has a cost.”

12 Report of the content of “” 112 police officers belonging to the Suwon-gu Police Station C District District of the Suwon-gu Police Station, who was dispatched to the site, assaulted the above D’s chest part of the chest by force twice by hand on the ground that the police Habb and E, such as D, was only a part of the other driver, and the above E, “police kis, weather boms, and bombs” shall be discarded.

The term “intimidating” was expressed as a big interest.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases and criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in the F, D, or E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The Defendant and the defense counsel regarding the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

“To the effect that “” is asserted.

According to the records, the defendant seems to have served alcohol at the time of committing the crime of this case.

However, in light of the background leading up to the crime, the means and methods of the crime, and the circumstances before and after the crime, etc., the defendant was in a state of having no or weak ability to discern things or make decisions at the time of the crime by drinking.

shall not be deemed to exist.

The defendant's mental disorder is not accepted.

The reason for sentencing is that the defendant assaults police officers who perform their duties in uniform and thereby causes damage to the public authority with respect to the enforcement of the law.

The defendant has been sentenced to a fine several times for a crime related to violence, and is sentenced to imprisonment with prison labor for ten months for a crime of this species.

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