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(영문) 수원지방법원 평택지원 2021.02.23 2020고단2358
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

On June 16, 2020, the defendant tried to commit an act of violence from the police officer E belonging to the Ansan Police Station D police station, which called "two male spawn" and called "two male spawn" on the front of the road in Ansan City, around 00:30 on June 16, 2020, and tried to commit an act of violence from the police officer E belonging to the Ansan Police Station D police station called out.

By putting the body of E into her hand, flaged by her hand, her face into E, and her face, and her "I am her h and her h h" to E.

“Abruting” and assaulting to see the E’s part of the trees by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Report on internal investigation and investigation report (the mobile phone image data of a police officer) - Application of the Acts and subordinate statutes to photographic images of a police officer's cell phone image data for committing a crime;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was under the influence of alcohol and obstructed the performance of official duties by using violence without any particular reason to the police officer called out after receiving 112 violence reports.

However, the extent of violence used by the defendant is relatively minor, the primary crime and the violation of the crime, and other factors of sentencing, such as the defendant's age, character and conduct, family relationship, motive, means and consequence of the crime, etc., shall be comprehensively considered, and the punishment shall be determined as ordered after the crime.

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