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(영문) 수원지방법원 2016.11.23 2016고단5757
공무집행방해등
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

1. At around 05:10 on September 10, 2016, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 reported case by the police officer, by assaulting the E’s chest by hand, on the ground that the police officer E, who was called out after receiving a report from his natives of the Defendant that the Defendant was frighting a fright under the influence of alcohol, and the fright E, who was called up after receiving a notification from his natives of the Defendant, is said to have a frighted and prevented the Defendant from frighting.

2. The Defendant, at the time, at the place, and for the foregoing reasons, when the Defendant’s daily behavior F et al. were observed, expressed the victim G who was a slope belonging to the district group, such as the victim E, a senior police officer affiliated with the said district group, and expressed the victim G, “Chos, police kis, sick children, and brus, and the chrogene” to openly insult the victims.

3. On September 10, 2016, on the ground that the Defendant damaged public objects on the floor, and on the ground that he was arrested in the act of committing an act of committing an offense in the line of duty, etc. at the D District District of the Sungdong Police Station D District located in Ha in Sungsung-si (H) and paragraph (1) of this Article, the Defendant damaged the objects used by public offices for repair cost of KRW 30,000,000,000,000,000,000 on the floor of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A statement of I and F;

1. A report on investigation (related to submission of the details of mobilization to report 112), a report on internal investigation (in the field of damage and CCTV analysis), and a report on investigation (in the case of a written estimate and acceptance date);

1. Application of Acts and subordinate statutes of each damaged photograph;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts, Article 311 of the Criminal Act, and Article 141 (1) of the Criminal Act (a point of harm to public goods);

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

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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