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(영문) 수원지방법원 2018.10.12 2018고단3636
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

[criminal history] On January 23, 2018, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act at the Suwon Flag Flag on January 23, 2018, and the judgment became final and conclusive on January 31, 2018.

[Criminal facts] On April 19, 2018, the Defendant is working on the B apartment parking lot located in Suwon-si, Suwon-si, Seoul Special Metropolitan City on April 19, 2018, and is working on marital fighting.

“A police officer of the Suwon Police Station C police box, who was dispatched after receiving a report 112, assaulted the Defendant’s face to check the details of the report by the police officer affiliated with the Suwon Police Station C police box.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Each statement of E and F;

1. Each investigation report (the video data taken directly by a police officer D in order to verify and analyze CCTV image data installed at a place where such data is generated, and to visit the site);

1. On-site CCTV and video data submitted to victimsD (Attachment to CDs);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation, and application of the statutes attached to the judgment;

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 crime of this case is committed again within a short period after the judgment of suspension of execution due to driving of alcohol on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order became final and conclusive, and the crime of this case was committed by a police officer performing official duties under the influence of alcohol, and there is no good evidence that there was two times punishment due to interference with the performance of official duties in the past.

Defendant’s confession to commit a crime, reflect against himself, and not repeat the crime.

The punishment shall be determined as per the disposition in consideration of the somewhat favorable circumstances.

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