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(영문) 수원지방법원 성남지원 2017.07.12 2017고정760
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On September 21, 2016, the Defendant reported 119 on the balcony of the second floor of the C cafeteria located in Gwangju City, on September 21, 2016. Upon receiving the report, the Defendant sent to the Seoul Police Station D police box affiliated with the police station of Gwangju, the Defendant sent home and waited for a bus by moving to the nearby bus stop.

At around 21:45 on the same day, the Defendant listened to the Defendant’s cell phone Belgium while waiting for the bus, and the said police officer received the phone instead of the Defendant, and her hand, without any justifiable reason, caused the Defendant to be able to do so by hand.

Accordingly, the defendant assaulted the above police officer and interfered with legitimate execution of duties concerning the maintenance of order of the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes concerning a witness, handphone statement;

1. Relevant legal provisions for the crime, Article 136(1) of the Criminal Act for the selection of punishment, and the selection of fines [to reduce the fines for summary order by taking into account the fact that the principal offender is the first offender, the principal offender appears to have committed a contingent crime in light of the details and circumstances at the time of the crime, and the criminal intent for obstructing the performance of official duties seems to have been somewhat weak];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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