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(영문) 수원지방법원 2020.11.26 2020고단5400
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On July 4, 2020, the Defendant assaulted the police officer’s legitimate performance of official duties concerning the 112 reported case handling duties by assaulting D, who was asked questions about personal information and case circumstances from the police officer D belonging to the Suwon-nam Police Station C district unit of the Suwon-gu Police Station, Suwon-si, Suwon-si, Suwon-si, who was called up after receiving 112 reports. The Defendant interfered with the police officer’s legitimate performance of official duties concerning the 112 reported case handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of the police with D, E, F, and G;

1. Application of Acts and subordinate statutes to a report on the investigation of damage photographs (victim F and G counterpart investigation), investigation report (CCTV image analysis);

1. Relevant Article 136(1) of the Criminal Act concerning the crime, the choice of the penalty, and the choice of the fine (the consideration of favorable circumstances among the reasons for sentencing below);

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows; comprehensively taking account of the following circumstances and various circumstances, including the defendant’s age, character and conduct, environment, and circumstances after the crime, the sentence as ordered.

It is necessary to strictly punish the crime of obstruction of the performance of official duties that interferes with the legitimate exercise of public authority, thereby undermining the function of the state.

In order to prevent the Defendant from disturbing drinking alcohol, the Defendant used violence such as keeping the horses of the police officers called out to restrain the Defendant from disturbing drinking, brushing snow, etc., and the nature of the crime is not good in light of the circumstances of the crime and the attitude of the act.

Before preventing the instant crime, the record of criminal punishment for violence-related crimes has been several times.

It shows an attitude to recognize and reflect his own mistake in favorable terms.

In agreement with the damaged police officer, the damaged police officer does not want to punish the defendant.

Before committing the instant crime, there was no previous conviction exceeding the suspension of the execution of imprisonment, and the Defendant’s previous conviction was before 208.

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