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(영문) 수원지방법원 평택지원 2018.04.25 2017고단2226
공무집행방해
Text

Defendant shall be punished by a fine of 6,500,000 won.

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

Reasons

Punishment of the crime

Around 02:00 on October 15, 2017, the Defendant returned home with a axis from the friend in front of Pyeongtaek-si B, who was under the influence of alcohol, and was reported to 112, the Defendant: (a) called “drawing female,” and called “drawing female,” the Defendant, upon receipt of a report from 112, sent the Defendant’s clothes frighting at the roadside C District of Pyeongtaek-gu Police Station C, called the Defendant’s clothes frighting at the roadside; and (b) the Defendant, upon receipt of the Defendant’s notice that he could walk the frighting part of the Defendant’s clothes frighting to walk at the roadside and may be arrested due to interference with the performance of his duties, the Defendant continued to arrest the frighter’s frighting part and the bridge part of the police station’s face and the fright face in the patrol.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to the investigation report (No. 15 No. 5 of the evidence list);

1. Relevant Article 136 of the Criminal Act and Article 136 (1) of the Criminal Act and the selection of fines for criminal facts;

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

1. Although the criminal liability for a crime is not less than that of a police official on duty with legitimate reasons for sentencing under Article 334(1) of the Criminal Procedure Act by exercising force against police officials on duty, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the fact that the punishment is erroneous; (b) the first offense was recognized; (c) the Defendant’s age, sex, environment; (d) the background leading to the crime; and (e) the circumstances after the crime;

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