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(영문) 수원지방법원 2019.06.12 2019고단1156
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

Around 01:00 on February 28, 2019, the Defendant boarded a taxi at a place where it is impossible to identify the place, but was under the influence of alcohol, and the instant taxi engineer B moved to a police box located in Suwon-si C in order to request the help of a police officer who does not occur after having arrived at the destination.

Accordingly, the police officer of the Suwon Police Station, who received a request from B, was the defendant, and the defendant took the bath at the above taxi at around 01:58 of the same day, stating that the defendant was able to take care of the defendant, and that the defendant was able to walked once a part of the clothes of the E.

As a result, the defendant interfered with the legitimate execution of duties concerning the handling of civil petitions by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. B written statements;

1. A report on the investigation, obstruction of performance of official duties, and damage photographs;

1. Application of the investigative report (Attachment of CCTV images at the scene of the violence), CCTV images-cape photographs, and one CD shall be applied;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case on the ground of sentencing of the order of provisional payment is that the defendant under the influence of alcohol assaults a police officer while taking a bath against the police officer, and the nature of the crime is not weak.

However, in light of various circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the offense, means and consequence, etc., the sentence as ordered shall be determined by taking into account the following circumstances: (a) the Defendant recognized the instant offense; (b) the Defendant appears to have committed the instant offense under the influence of alcohol; and (c) the Defendant appears to have committed the instant offense by contingency; and (d) the Defendant has no previous conviction except for the one-time suspension of indictment due to the crime of injury; and (c)

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