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(영문) 수원지방법원 2018.08.09 2018고단2813
공무집행방해
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 20, 2018, the Defendant, at around 03:10 on May 20, 2018, committed assault by the Defendant at around 03:10, the Suwon-si C, and the second story D, and the singing room business owner, “I have been in the line of clothes, and women are in the line of clothes,” upon receiving a report from 112, expressed a desire to ask questions in order to verify the facts from G, and assaulted at one time in the hands of the F.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement of H;

1. Application of the photographic Acts and subordinate statutes;

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. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed an assault against a police officer who puts his/her duty in prison, thereby impairing the public authority with respect to the enforcement of the law.

On March 13, 2015, the Defendant was sentenced to a punishment of six months for the violation of the Road Traffic Act and completed the execution thereof. In addition, the Defendant was punished for the crime of property damage in 2013 and the crime of assault in 2016 after having been sentenced to a punishment for the crime of assault on October 2016. However, the Defendant was subject to a punishment for the crime of assault in 2013, even though he was able to fully know her abnormal behavior and violence inclination while under the influence of alcohol, and again, committed the instant crime. However, the Defendant did not focus on the degree of tangible power exercised in this case, and the Defendant appears to have been subject to the immediate restraint of the use of force.

The Defendant committed the instant crime by contingently, and reflects on the crime.

In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, etc., and all of the sentencing conditions shown in the arguments and records of the crime shall be considered.

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