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(영문) 수원지방법원 평택지원 2016.11.03 2016고단1977
공무집행방해등
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

1. On September 11, 2016, the Defendant: (a) made a dispute with the victim E (the age of 41) in front of the “D” in Pyeongtaek-si around 21:00 on September 21, 2016; (b) took the victim’s face 4-5 times in drinking; (c) collected alkin pipe (79cm in length, 3 cm in diameter) from a dangerous object in the surrounding area; and (d) took the victim’s face 4-5 times in drinking; and (e) took the alkin pipe (79cm in length, 3 cm in diameter) with the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. On September 11, 2016, the Defendant of obstruction of performance of official duties: (a) on the street in front of “D” at the same place as above; (b) on the charge of special assault as referred to in paragraph (1), the Defendant arrested the Defendant in the act of committing an act of committing an act of committing an act of committing an act of violence, and (c) took a brut to the said G, i.e., “if possible, put the Defendant in the act of committing an act of committing an act of violence, she may put him into the said G,” and (d) took a bath to the said G as his head, and (e) took the part of the official nasium of the said G one time.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of E and G;

1. Application of on-site photographs and statutes governing damage photographs at the time of dispatch;

1. Articles 261, 260 (1), and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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. Determination on the application of sentencing guidelines for sentencing under Article 334(1) of the Criminal Procedure Act: It shall be based on all circumstances, including the fact that victim E does not want the punishment of the defendant, and has been detained for a considerable period of time;

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