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(영문) 수원지방법원 평택지원 2018.08.10 2018고단702
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

On March 20, 2018, at around 22:45, the Defendant reported 112 on the road in front of the C cafeteria located in Pyeongtaek-si B, and received a request for returning home from E, a police officer belonging to the Pyeongtaek-si Police Station D District Unit called to the said site, and received the said police officer’s request for returning home from E, who is a police officer belonging to the Pyeongtaek-si Police Station D Do to the said site.

“To perform the bath theory,” and assaulted the breath of the police officer’s bat.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the F Statements;

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. Considering the fact that the crime was committed by a police officer with legitimate execution of duties for the sentencing of Article 334(1) of the Criminal Procedure Act, and only when the investigation agency denied the crime and the evidence was presented as a result of the conclusive decision, the punishment as ordered shall be determined by comprehensively taking account of the following factors: (a) the criminal liability is not less than dissatisfy; (b) the degree of assault is not limited; (c) the degree of assault is not excessive; (d) there is no record of criminal punishment since 1996; and (e) the Defendant’s age, sex, environment, circumstances leading to the crime; and (e) the circumstances after the crime.

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