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(영문) 수원지방법원 안양지원 2013.09.13 2013고단689
공무집행방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 14, 2011, the Defendant was sentenced to eight months of imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Doing Vehicles) in the Suwon District Court's Ansan Branch on June 14, 201 and completed the enforcement of the sentence in the Ansan Prison on January 17,

At around 22:55 on April 9, 2013, the Defendant: (a) expressed his desire to see “the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.”

이에 위 E과 F이 피고인을 공무집행방해의 현행범으로 체포하려고 하자 "신발 똑바로 신겨라"라고 소리치면서 발로 위 F의 다리를 3회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning E and F's 112 reporting processing and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Previous convictions: Criminal records, repeated crimes and judgment related thereto, and the application of Acts and subordinate statutes concerning personal data custody and output;

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Selection of Punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. In light of the fact that the Defendant committed the instant crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, even during the period of repeated crime, Defendant should be punished by severe punishment. However, when police officers call the spouse as “AC”, the Defendant’s spouse as it appears to be “AC”, the Defendant’s crime is committed.

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