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(영문) 수원지방법원 2018.11.27 2018고단5854
공무집행방해등
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

1. On October 8, 2018, the Defendant interfered with the performance of official duties, on the road in front of the “C cafeteria” located in Suwon-si, Suwon-si, Suwon-si, the Defendant: (a) reported to return home from the police officers dispatched after receiving a 112 report; and (b) provided the bath theory that “Chewing sprinks” and “sprinks sprinks” to the slope E (35 years old), who is the police officer belonging to the Suwon-gu, Suwon-si, the police station D Dok-gu, Suwon-si, and assaulted the E’s breast part with the left hand, with the flabbbing hand, and flabing the bat, with the flag’s hand.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

2. The Defendant, in violation of the Punishment of Minor Offenses Act, arrested a flagrant offender on suspicion of interference with the performance of official duties, as described in paragraph (1), and was brought to the police station D of Suwon-gu, Suwon-gu, Suwon-si, Police Station D, which was located in the Suwon-gu, Suwon-gu, Suwon-si, and, on October 8, 2018, from around 23:40 on October 8, 2018 to October 00:0, 2018, “The police officer under the influence of alcohol in the said district” was forced and slicked by very rough words and actions, such as taking a bath, for about 20 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbing the revocation of official duties), and the choice of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, abused police officers, and committed the instant crime that leads to disturbance on the earth while under the influence of alcohol.

However, the defendant has committed the above crimes under the influence of drinking alone, when comprehensively examining the contents and circumstances of the crime by the defendant, and the defendant has committed the above crimes.

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