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(영문) 수원지방법원 2018.01.18 2017고단7759
공무집행방해
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On August 15, 2017, 02:08, the Defendant: (a) on the street of the wife population B, the Defendant sent a report of 112 that drunks are fright; and (b) on August 15, 2017, the Defendant sent back to the Defendant and F, the police officer, a police officer belonging to the Dong-dong Police Station C District of the Tae-dong Police Station, the police officer belonging to the Dong-dong Police Station, and E, who called the Defendant and F, called “Cppppplow,” and plicked the Defendant’s arms, plicked them one time, and frighted their chests.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer in D or E;

1. Application of the Act and subordinate statutes to the investigation report ( CCTV investigation for crime prevention);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. The Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order was the Defendant’s crime of this case, thereby damaging public authority regarding the enforcement of the law.

The defendant, who was dispatched to the scene where the police officers are attached with the time of violence, resisted the police officer to commit violence without complying with any defect in preventing the police officer from committing an act of violence and to file a petition, and forced the police officer to do so by violence. While the police officer attempted to file a petition for the defendant on his own, the police officer did not comply with the police officer's performance of official duties

The Defendant was sentenced to a fine of KRW 500,00 for the crime of bodily injury in 2013, and was again subject to suspension of indictment on July 26, 2017 for violent-related crimes, and committed this case’s crime since one month has not passed. However, the Defendant recognized the mistake and against himself.

Defendant has no previous conviction exceeding a fine.

In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the records, shall be determined by the same sentence as the order.

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