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(영문) 수원지방법원 2020.04.02 2019고단7673
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

On November 30, 2019, at around 03:45, the Defendant: (a) expressed a desire to return home from the head of the police box affiliated with the police box of the Suwon Police Station D, which called “Irref...............”; (b) assaulted the above E by hand, such as having the chest of the said E one time by hand.

As a result, the defendant interfered with legitimate execution of duties of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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. An act that interferes with police officers' performance of duties by taking a bath and assault against a police officer dispatched after receiving a report by the defendant on the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is not an act that prevents police officers from performing their duties.

In order to establish the law and order of the state and eradicate the light of public authority, it is necessary to strictly punish crimes of obstruction of performance of official duties.

However, in light of the fact that the Defendant recognized the instant crime and divided his mistake, and other various circumstances, such as the Defendant’s age, character and conduct, environment, relationship with the victim, background, means and consequence of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

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