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(영문) 수원지방법원 2019.09.20 2019고단3537
공무집행방해
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 20, 2019, at around 01:10, the Defendant received a report from 112 report that the Defendant had a drinking driver with respect to the Defendant’s male-child interview D who was sent to the scene, and used the police officers belonging to the Suwon Police Station E District E District of Suwon, the Suwon Police Station called the scene to respond to a drinking test on D, taken the scene image, taken the scene image, and used the Defendant’s chest part of the Defendant’s chest in a cell phone where the field of the site was taken into a cell phone on two occasions, and used the Defendant’s snow part of G who tried to arrest D as a drinking refusal to take a drinking test on two occasions, and used the body part by pushing the body part once.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Each statement of H and I;

1. Damage and on-site photographs;

1. Application of the Acts and subordinate statutes to a caps of a Baduk cinematographic image;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a use of violence against police officers dispatched by the defendant after receiving a report 112, and the quality of such crime is not less minor, but the degree of violence is less minor.

However, the defendant recognized the crime of this case and divided his mistake, the defendant appears to have committed the crime of this case as a result of the arrest of the male-child group, and the defendant does not have any other punishment force except for the defendant's four-time juvenile protective disposition and the one-time suspension of indictment for the crime of this case, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence, etc., the punishment as ordered shall be determined by taking into account the various circumstances that are the conditions for sentencing as shown in the records, such as the circumstances after the crime.

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