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(영문) 수원지방법원 2017.08.24 2017고단2843
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 April 30, 2017, at around 03:45, the Defendant, at around 03:45, discussed the issue of “D main points” and “D main points, which are the managers of the said main points E and the drinking value. At around 112, the Defendant, upon receiving 112 a report, requested G police officers belonging to F District of the Suwon Police Station F District, which called the “F District of the Suwon Police Station,” expressed the Defendant to “the Defendant, who is the police officers, shall not have bit of bitch bitch bitch.” The Defendant, in his hand, assaulted the said G’s title once.

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

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's legal statement G or police statements in relation to E, reporting on the investigation of and reporting on the investigation into the police statements in relation to E (or hearing on G phone calls)

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. Although the nature of a crime committed by a police officer who assaults a police officer to perform legitimate duties by putting in uniform the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the punishment shall be determined as ordered by the order, taking into account the circumstances such as the following: (a) contingent crimes; (b) the degree of interference with violence or performance of duties is relatively heavy; (c) erroneous recognition and reflects; and (d) the fact that there is no record of criminal punishment after naturalization in the Republic of Korea; and (b) other factors constituting the sentencing conditions under Article 51 of the Criminal Act.

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