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(영문) 수원지방법원 2016.11.17 2016고단5293
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 August 11, 2016, at around 00:35, the Defendant tried to detect the Defendant who is in progress between the vehicle affiliated with the slope C belonging to the Sungdong Police Station B District B, which was parked at the same place after receiving a report of 112, at around 156, 156, the center of the Sungsung-si C, 156, the center of the Defendant’s disease. However, the Defendant was able to check the identification card located at the Defendant’s bank to contact the Defendant’s family because the Defendant was not broken, and the Defendant was able to take care of the victim’s faces while taking a bath.

Accordingly, the defendant interfered with the legitimate execution of public duties by police officers on public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs;

1. Application of Acts and subordinate statutes to a report on investigation (with regard to circumstances leading to damage police officers);

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. In light of the fact that the defendant, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, has been sentenced to punishment for the same violent crime, and that the defendant was sentenced to imprisonment for six months at the Incheon District Court on March 25, 2015 due to a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., and again committed the crime of this case during the suspension of execution, even though he was sentenced to two years of suspended execution, the crime

However, there are extenuating circumstances, such as the fact that the defendant's mistake is against the defendant, that the defendant seems to have caused the crime of this case by contingency on the wind that the defendant is under the influence of alcohol, and that the defendant seems to have caused the crime of this case, and the sentencing conditions in the records, such as the defendant's age, character and conduct, environment, motive and circumstances of the crime, and circumstances after the crime, shall be determined as ordered by the sentence

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