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(영문) 수원지방법원 2019.05.16 2019고단738
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 01:15 on January 23, 2019, the Defendant received 112 report from Suwon-si, Suwon-si, “C” in front of the “C” located in Suwon-si, Suwon-si, and met with the Defendant, on the ground that the police officer affiliated with the Suwon-gu Police Station D box sent to the site to take measures, such as the protection of the host, etc., carried out locking the said E with the location of the house. Accordingly, the Defendant: (a) expressed the Defendant’s desire to “C frich, fribbbbbbbbb,” and fried the victim’s right fribbbbb, one time at the location of the victim’s hand; and (b) obstructed the Defendant’s left fbucking one time at the right side of the police box belonging to the same police box, along with the above E, with assaulting the fribbbbbb, and friing the part by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported duties and protective measures for the host.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Photographs of the victim;

1. Notification to the department related to the report of 112 case;

1. A CD (video recorded by a police officer at the site);

1. Application of Acts and subordinate statutes to a report on investigation (examination of performance of duties by police officers);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. In the case of assault and intimidation against multiple public officials who perform the same duties as prescribed in Articles 40 and 50 of the Commercial Concurrent Crimes Act, multiple crimes of obstruction of performance of official duties are established according to the number of public officials who perform official duties. In the case where the above assault and intimidation were committed in the same opportunity at the same place, and where it is assessed as one act under the social concept, multiple crimes of obstruction of performance of official duties are crimes of conceptual concurrences.

(See Supreme Court Decision 2009Do3505 Decided June 25, 2009). 1. Selection of selective fine (see Supreme Court Decision 2009Do3505, Jun. 25, 2009)

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

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

1. Whether the sentencing criteria are applied;

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