(영문) 수원지방법원 2020.04.02 2019고단8118

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(영문) 수원지방법원 2020.04.02 2019고단8118

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 29, 2019, around 00:20 on November 29, 2019, the Defendant: (a) received a 112 report to the effect that “the Defendant would not pay a taxi fee; and (b) requested the Defendant to explain the circumstances in which the Defendant did not pay the E fee from the circumstances surrounding the D Zone located in the D Zone called “the same bit of bitch bitch bitch”, and “police”, and assaulted E, such as “the bit of bitch bit of bitch”, “the bit of bitch bit of bitch”, “the bit of bitch bit of bitch son,” and “the bit of the police”.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. Application of the Acts and subordinate statutes to cut booms video images;

1. Relevant Article 136(1) of the Criminal Act concerning the crime, the choice of the penalty, and the choice of the fine (the consideration of favorable circumstances among the reasons for sentencing below);

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows; comprehensively taking account of the following circumstances and various circumstances, including the defendant’s age, character and conduct, environment, and circumstances after the crime, the sentence as ordered.

It is necessary to strictly punish the crime of obstruction of the performance of official duties that interferes with the legitimate exercise of public authority, thereby undermining the function of the state.

The damaged police officers did not receive any tolerance from the police officers.

There is a history of fine for violent crimes.

Recognizing the favorable normal mistake, the attitude of reflecting it is shown.

There is no previous offense exceeding a fine.

참조조문

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