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(영문) 수원지방법원 2019.01.17 2018고단6416
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

At around 21:51 on October 28, 2018, the Defendant called the “C convenience store” in front of the “C convenience store” located in Suwon-si, Suwon-si, and requested the Defendant to find a lost mobile phone from the E officer belonging to the Suwon-gu Police Station D District, which was under hearing the Defendant’s statement on the circumstances of the case, and was moving to find it, the Defendant was aware that the said E would disregard himself. Accordingly, the Defendant was sleeped by a hand that the said E was sleeped.

As a result, the Defendant interfered with the legitimate execution of duties of police officials regarding the handling of reported cases of “Korean food system.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Each investigation report (to verify and analyze video data from a police officer entering the scene, such as the situation of entrance and exit, on-site situation, etc., and to review the one-month system);

1. Application of the statutes on video data of the case-related photographic records (for a police officer sent at the site, facopic scopics by police officers participating in the field), and fac

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. Although the liability for the crime is not easy due to the use of violence against police officers who perform the duties of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment is determined as ordered by taking into account the following: (a) contingent crimes; (b) contingent crimes are not serious; (c) assault is not serious; (d) there is no history of punishment in the Republic of Korea; and (e) the police officers who have suffered damage want to be punished in the Republic of Korea; and (b) other factors constituting the sentencing conditions under Article 51 of the Criminal Act are comprehensively taken into account.

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