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(영문) 수원지방법원 평택지원 2019.02.15 2018고단1575
공무집행방해
Text

[Defendant A] The defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendants are cargo engineers working in Asan City and work in the workplace.

1. At around 01:40 on July 15, 2018, Defendant A reported 112 in front of the E convenience store located in Pyeongtaek-si D, and reported 112 that “Woo two South Koreas desire to desire”, Defendant A was at one time a part of the said G G with his own hand under the influence of alcohol to return home from the border G belonging to the Pyeongtaek-si Police Station F, who was called to the said site.

Accordingly, the Defendant interfered with the police officer's legitimate execution of duties concerning the handling of 112 reported cases.

2. Defendant B arrested A as a flagrant offender under the suspicion as referred to in Paragraph (1) after receiving a report on the same date and time as Paragraph (1) at the same place as Paragraph (1) of this Article, and arrested Defendant B as a flagrant offender under the same suspicion as Paragraph (1) of this Article, and subsequently, Defendant B was unable to close the door of the patrol car by taking the left hand hand of the said G, keeping the body of G several times with both hand and hand, and having G close the door of the patrol car.

Accordingly, the defendant interfered with the legitimate execution of the police officer's duties to arrest flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. A H statement;

1. Each report on investigation;

1. Application of each statute on photographs;

1. Defendants of relevant legal provisions concerning criminal facts: Article 136(1) of the Criminal Act

1. Defendants who choose punishment: Fine.

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. Unfavorable circumstances against Defendant A: The defendant's age, family relationship, etc.; the defendant's age, family relationship; the defendant's age, record of a fine twice due to the same kind of crime and violence-related crime; the police officer's failure to wear the patrol cars after being arrested; the police officer's injury was inflicted; and other favorable circumstances such as confession, reflect, the police officer's desire to break the defendant's wife; the fact that the damaged police officer is an contingent crime;

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