(영문) 수원지방법원 2020.06.10 2020고단624

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(영문) 수원지방법원 2020.06.10 2020고단624

공무집행방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 23:26 October 19, 2019, the Defendant: (a) served in the Suwon Police Station C District of Suwon-gu, Suwon-si, Suwon-si; (b) served as a 112-report and sent to the said D, who was in the vicinity of the Defendant’s own seat under the influence of alcohol after being escorted to the said district by the head of the police station C District patrol team of Suwon-gu, Suwon-si, Suwon-si, the Defendant: (c) served the said D, who was in the vicinity of the Defendant’s own seat; (d) put the body of D in two arms; and (e) assaulted D’s bucks by cutting off D’s arms and cutting down D’s bucks.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reports by police officers, the protection of the people, and the management of the earth.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's legal statement D, the police officer's written statement of each police officer E, and the CCTV image photographing in the earth room;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

It is necessary to strictly punish an offense of obstruction of performance of official duties as an offense of harming the function of the state by obstructing the exercise of legitimate public authority.

- The defendant was aware of the crime of this case and reflected in the favorable circumstances.

- The defendant is an initial offender who has no record of criminal punishment.

참조조문

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