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(영문) 수원지방법원 성남지원 2016.04.15 2016고단399
공무집행방해등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On January 29, 2016, at around 01:50, the Defendant assaulted the victim by taking the head of the victim D(32 years of age) by his/her own hand, who is an employee of the Defendant, at “C main store located in Seongbuk-gu, Sungnam-si, Sungnam-si.”

2. The Defendant interfered with the performance of official duties at the time and place mentioned in the preceding paragraph, and at the same time and place, the police officer F of the police box E box of the branch police station, who was called after receiving a report on the disturbance as above, and the police officer F of the police box at the police box of the branch police station, and G, who was able to confirm the personal information of the Defendant, expressed that “I will be dismissed, she will see, she will do so,” and the chest F of the above police box was sealed by her hand, and the Defendant was dead of H’s arms to arrest the Defendant as an offender in the act of committing the act of committing the crime, and the police officer who was on the back of the patrol box at the seat of the police station, who was on the back of the patrol in order to kill the Defendant as an offender.

“Along with the desire to read “A”, the head and body of G was sealed by the fingers, and the head and body of G interfered with the legitimate execution of duties concerning the maintenance of public order and criminal investigation of the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police officer with respect to the police officer F or police officer H;

1. Each statement of D, I, and J;

1. Application of Acts and subordinate statutes to report an investigation (to hear statements from a victim G phone or verify whether damage occurs);

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 136 (1) of the Criminal Act (the point of interference with the execution of official duties) of the relevant criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who interferes with the performance of public duties by mutual consent, and a punishment imposed on a person who commits a crime by obstructing the performance of public duties by mutual consent, which is heavier than the date on which the crime is committed);

1. Selection of each selective fine for punishment (the following sentencing shall be considered in light of the favorable circumstances in which the punishment is committed):

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. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

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