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(영문) 수원지방법원 안산지원 2020.02.13 2019고단3690
공무집행방해
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 00:20 on September 23, 2019, the Defendant: (a) took a bath to his parents in the state of interesting at the Defendant’s house located on the second floor of the building B, and spits or spits his face into the face of the Defendant’s Party D, who was called up after receiving the 112 report, did so; and (b) took the 112 report, the Defendant committed assault, such as spits, etc. on the face of the Defendant’s Party D.

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. Application of the police statement law to D;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Along with the history of having been punished several times for violent crimes with reason of sentencing in Article 334(1) of the Criminal Procedure Act, the order of provisional payment was committed again because it did not reach several times of release.

A variety of crimes concerning official duties, such as attempts to commit a crime of obstruction of performance of official duties.

However, since the nature of spits, etc., other than the nature of spits, in which spits are boomed, there are no assault such as directly prices of police officers, and there are circumstances favorable to the defendant, such as commencement of treatment of drinking-related problems, etc., the punishment shall

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