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(영문) 수원지방법원성남지원 2020.10.15 2020고단2390
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 23:20 on June 16, 2020, the Defendant reported 112 to the effect that “nicking was broken” in front of the Sungnam-si Party B, Sungnam-si, and that D, who was called up, requested the Defendant to pay the taxi fee and return home, was able to do so on the ground that he was broken, and that he did assault D’s breasts on the ground that he was broken.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to investigation report on E’s written statement (a police officer’s IDt for video verification);

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order, took a bath to the police officer who called out after receiving 112 report, and assaulted the chest on several occasions to interfere with the performance of official duties.

Considering the degree of assault committed by the defendant, the content of obstruction of performance of official duties caused by such violence, the attitude of the defendant against himself, and the fact that there is no history of punishment exceeding the fine and there is no history of the same kind of power.

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.

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