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(영문) 수원지방법원 2017.06.08 2017고단1133
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 February 12, 2017, in front of the taxi platform in 04:10, the Defendant: (a) reported by the Defendant on February 12, 2017, on the ground that the slope D belonging to the police box of the Seosung C, which was called by the Defendant after having received a 112 report that he was going to a disturbance at the restaurant under the influence of alcohol, was the Defendant to get out of the taxi and return to the taxi; (b) on the ground that he: (c) “Isk and sing down the taxi; and (d) Iskn’s fright. I can see it once more.

We can see mytha and Chewing sweltha. We see that they do not look at any person," and they assault the clothes of the above D once by sweltha.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers concerning 112 reporting management affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Reports on internal investigation (the sequence 2 of evidence lists);

1. Application of the statutes governing video recording CDs for the crime committed by the victim;

1. Article 316 of the Criminal Act applicable to the crime, Article 316 (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 crimes of violence committed against police officers who help the defendant return home for the reason of the sentencing of Article 334(1) of the Criminal Procedure Act is not good.

The strict punishment should be taken place.

However, contingent crimes are contingent crimes, not limited to the degree of assault, and those who have no record of criminal punishment except for those who have been sentenced to suspension of indictment due to special larceny are in depth against the mistake.

In light of the above circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are determined as follows.

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