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(영문) 수원지방법원 2018.09.14 2018고단2126
공무집행방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On October 20, 2017, at around 01:19, the Defendant: (a) received a 112 report to the head of Suwon-si, Suwon-si, that “A vehicle is unable to move because of no vehicle’s failure to get off,” and asked the Defendant whether a policeman affiliated with the police box of the police box of the Suwon-gu, Police Station C, who was called to the scene, could get off the vehicle; (b) however, the Defendant reported that D entered the alley into the alley, referring to “bladd, towed, her mar,” and prevented him from carrying into the alley, and she assaulted D’s chest into two times with elbows.

Accordingly, the defendant interfered with the legitimate execution of public duties of police officials on the prevention, investigation, and maintenance of order of crimes.

Summary of Evidence

1. Each legal statement of witness E, F, G, and D;

1. Statement made by the police against D;

1. Each statement of E, F and G;

1. Report on investigation (to hear statements of the other police officer on the grounds of violence);

1. In the event that the Defendant and D want to leave the scene through a narrow space in front of the vehicle, the motion picture and CD (on the spot image of a CD recorded in the situation at the time does not clearly indicate the images of the CD, but the Defendant and D, when leaving the site through the front narrow space of the vehicle, she seems to have taken a part in the area where D’s body is pushed back, and at the same time, the body of D’s body is pushed back.

After that, the video images after the defendant and D moved to the driver's seat are very rare, but it is insignificant when the witness's statements and the statements made by the witness as witness were gathered, but the defendant exercised a tangible power to the extent that the defendant could interfere with the execution of official duties.

I think)

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act concerning facts constituting an offense, the choice of a fine, and the choice of a fine (no punishment record shall be available after he/she was sentenced to minor assault or a fine due to driving under drinking on March 2005);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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