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(영문) 수원지방법원 안양지원 2019.05.23 2019고단393
공무집행방해등
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

1. On January 23, 2019, the Defendant, in violation of the Punishment of Minor Offenses Act, brought a defense against the Defendant at the Simpo Bur parking lot in the Simpo City where many people frequent at around 01:0.

2. On January 23, 2019, the Defendant: (a) obstructed performance of official duties, at the place above, and at around 01:23, 112, the Defendant assaulted the face of the said E in his hand at one time, on the following occasions: (b) “I am son’s face”, “I am son’s seat attached to the Gyeonggi Military Police Station C police Station, sent out after having received 112 report, and require the Defendant to present his/her identification card after hearing the statement of the reporter by the superintendent of the police station; and (c) “I am son, I am son, I am son, I am am son, I am am son, and I

Accordingly, the defendant interfered with the legitimate execution of duties of police officers regarding the dispatch of 112 reported military service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. A report on investigation, a report on investigation (in the event of an investigation of a suspect), and a report on investigation (in the field CCTV investigation);

1. Application of Acts and subordinate statutes to physical damage and on-site photographs [it does not seem that the defendant, while under the influence of alcohol, lost the ability to discern things, make decisions, or lacks the ability to do so, under the influence of alcohol at the time of the crime in this case]

1. Relevant provisions of the Punishment of Minor Offenses Act, Article 3(1)12 of the Punishment of Minor Offenses Act (hereafter referred to as the "Act on the Punishment of Minor Offenses"), Article 136(1) of the Criminal Act, and the choice of fines, respectively;

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. A extenuating circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The Defendant assaulted police officers who perform official duties.

The defendant's responsibility is not less complicated.

A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.

The extent of assault by a defendant is not serious.

No punishment power is the same.

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