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(영문) 수원지방법원 여주지원 2020.05.20 2020고단371
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 5, 2020, at around 00:35, the Defendant: (a) committed assault on the front of the “C” road located in Sju City B; (b) the Defendant, upon receiving a report of his disturbance under the influence of alcohol, sent the face to E by hand without any justifiable reason.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies, property, etc. and maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs of damaged police officers;

1. A report on investigation (STV image verification), a report on investigation (CCTV image investigation), CCTV images for crime prevention, a Bodic image, and a brack picture of patrol vehicles;

1. Application of CCTV and other video CD-related statutes;

1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. As the Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, assaulted a police officer who conducts legitimate performance of official duties under the influence of alcohol, the liability for the offense is not somewhat minor.

However, the degree of assault by the defendant was not severe, and there was no record of criminal punishment against the defendant.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

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