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(영문) 수원지방법원 2017.05.11 2017고단558
공무집행방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant, at around 02:00 on January 9, 2017, was locked in front of the “D” convenience store located in Yeongdeungpo-gu, Suwon-si, Suwon-si, and was under influence of alcohol. On January 9, 2017, the Defendant asked whether a policeman F, who was called “D”, was at the seat of the Defendant, who was under the influence of alcohol, was at the seat of F, who was sent to the police station E division of Suwon-gu, Seoul Special Metropolitan City, upon receiving 112 reports, was at the seat of the Defendant.

“....” The said F’s chest was tightly pushed off one time by hand, and the f’s chest was assaulted on the part of E-Ro-ro by one time.

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 with regard to F;

1. G statements;

1. A report on internal investigation:

1. Application of the Acts and subordinate statutes on CCTVs, on-site CCTV photographs, and CCTV images;

1. Article 316 of the Criminal Act applicable to the crime, Article 316 (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. The fact that a police officer exercises violence against a police officer who performs legitimate duties for sentencing of Article 334(1) of the Criminal Procedure Act shall be subject to criticism.

On the other hand, as revealed in CCTV images, contingent crimes are committed, and the degree of violence used by the defendant is very minor (the defendant, who was locked in front of the convenience store, was satisf by the police officer, but was used on the floor without physical satisfing, and the chest of the police officer in front of the convenience store was satched again after satisfing.

The following person was not a police officer but a defendant.

After that, the defendant was living together with the police officer, was living together, was sweak, and the police officer was sweaked to this situation.

The fact that the defendant was under the influence of alcohol to the extent that he could not get off his body, the fact that the defendant was pushed down with the chest of the police officer by his hand, but rather, the defendant was pushed down behind, and the distance that the defendant received is very close.

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