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(영문) 수원지방법원 2017.11.23 2016고단6632
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

On October 07, 2016, around 03:19, the Defendant drinking alcohol at “C main points” located in Osan City B, Osan City, and, upon receiving a report 112, the Defendant solicited the Defendant to have a slope E belonging to the police box in the Sungdong Police Station, which was called upon upon receiving a report 112, return home, and return home, the Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of the reported case.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A written statement of F and G;

1. A report on internal investigation:

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes to a investigative report (CCTV image analysis report);

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. Circumstances unfavorable to the reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant obstructed the performance of official duties by means of assaulting a police officer, etc. in the state of detention, and circumstances that are not good to the nature of such crime: There is no history of punishment exceeding a fine, there is no record of punishment exceeding a fine, nor there is any record of punishment due to obstruction of the performance of official duties, and the degree of

The sentence shall be determined as ordered in consideration of the above circumstances, the defendant's age, sex, environment, etc., and all the sentencing conditions.

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