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(영문) 수원지방법원 안양지원 2016.10.18 2016고단1212
공무집행방해
Text

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

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

Reasons

Punishment of the crime

Around 10:10 on June 25, 2016, the Defendant: (a) 10:10, the Defendant: (b) was locked on a simplified table in front of the convenience point B located in Ansan-si; (c) but the third party reported to the effect that “I am home, because I am locked, I do so; and (d) the police officers, such as the slope E and policeman F, belonging to the police station D Zone Unit during the safe period, sent back to the scene to the scene and recommended him to have the Defendant returned to the scene.

The Defendant, while making the words, such as “I am wrong what I would am? I am, I would like to cut off the work log in his possession of F, and prevented the said police officer from driving the patrol vehicle because I am on the front of the patrol vehicle.” The Defendant was snicked in the said patrol unit or was snicked in front of the patrol vehicle, so that I could not drive the patrol vehicle.

Accordingly, the Defendant interfered with the legitimate execution of duties in relation to the handling of reported cases by police officers E and F 112.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes governing crime scene photographs;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Selection of an alternative fine for punishment;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Reasons for sentencing in favor of the defendant under Article 334(1) of the Act: The fact that the defendant admits his mistake, there is no record of punishment for obstruction of performance of official duties by the defendant, and there is no record of punishment for a suspension of execution or more severe punishment; unfavorable circumstances: The fact that the police officer prevents the performance of official duties by the defendant

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