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(영문) 수원지방법원 2018.09.06 2018고단3967
공무집행방해
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

At around 20:15 on June 16, 2018, the Defendant: in front of the “C” convenience store located in Suwon-si, Suwon-si, Suwon-si, the police officer, who belongs to the police station D police station in Suwon-si, who was called the Defendant to confirm the circumstances of the instant case, etc., the Defendant: (a) the police officer, who was a police officer in charge of the police station in Suwon-si, who was called the Defendant upon receiving 112 a report that the Defendant committed an assault; (b) the police officer, “I must start governance, cut back, and she shall do so”; (c) the police officer, who was in charge of the police station in the Suwon-gu, Suwon-si, Suwon-si, Suwon-si, the Defendant, by hand, told the Defendant, at once, arrested the Defendant as a flagrant offender by obstructing the Defendant’s performance of official duties; and (d) the Defendant, as soon as this, she broken off the left side of the Party’s horse once.

At around 20:55 on the same day, the Defendant continued to sit in F of the Suwon Police Station D police box located in F of the Suwon-si, Suwon-si, Suwon-si, the Defendant committed assault, i.e., the Defendant, who was flicked and flicked off the face of the E police box one time to check the Defendant’s personal information and whether to carry a deadly weapon.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement to G and E;

1. A statement of H (No. 6 times a year);

1. Investigation report- Investigative image of a suspect within a police box of the police station south of the Suwon Police Station, and investigation report - Taking video images after the assault by a police officer in front of the C convenience point;

1. Application of the CDA-1 statute

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 degree of violence that the defendant has exercised, such as shouldering or photographing a police officer, is not easy.

However, the defendant has been punished except for the previous conviction of a minor fine due to a crime unrelated to violence.

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