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(영문) 수원지방법원 2017.03.16 2016고단5890
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

At around 04:00 on September 13, 2016, the Defendant committed assault, such as: (a) around 04:0, the Defendant, at the “C main point” of the 1st underground floor B, and (b) took a bath without paying the alcohol value; (c) and (d) the Defendant, upon reporting 112, instructed the Defendant to pay the alcohol value to the Defendant and return home; and (d) the police officer affiliated with the Sungdong Police Station D, which called the “Seongdong Police Station,” carrying out a bath to the Defendant’s face; and (c) the Defendant committed assault, such as: (d) the Defendant, by drinking alcohol to the above E; and (e) the Defendant’s body was sealed by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the F Statements;

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.

The Defendant previously been punished by a fine due to violence-related crimes or violation of road traffic law (drinking), and thus, became aware of his or her tendency of abnormal behavior in his or her state of sexual violence and drinking, and again made excessive drinking, and led to the instant crime. The Defendant did not appear to have a strong attitude against the instant crime, such as a prolonged absence, even after being notified of the date of sentence.

However, there is no criminal record exceeding a fine within 10 years for the defendant.

The Defendant committed the instant crime contingently, and all of the instant crimes are recognized.

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, and all of the sentencing conditions shown in the arguments of this case, such as the records, shall be determined by the same sentence as the order.

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