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(영문) 수원지방법원 2016.11.17 2016고단6083
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 15:30 on October 201, 2016, the Defendant: (a) in the stairs between the second and third floors of multi-household houses located in Suwon-gu, Suwon-si, Suwon-si; and (b) D, a police officer belonging to the Suwon-gu, Suwon-gu, Police Zone C District, called “Ie chrop son, Ieth son, Ieth son, Ieth son, Ieth son, Ieth son, Ieth son, Ieth son, Ieth son, Ieth son, Ieth son, Ieth son, Ieth son, Ieth son, Ieth son, Ieth son, and interfere with the police officer’s legitimate execution of duties concerning criminal investigation and crime prevention.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act on the confinement of the workhouse was that the Defendant pushed away the police officer’s breath, who lawfully performed his official duties, and pushed down his face.

This can not be strictly punished as a challenge to the public authority that should be strictly enforced.

On the other hand, the fact of crime is recognized and wrong.

The circumstances in which a contingency was committed under the influence of alcohol are also peeped.

In addition, it is also recognized that the history of criminal punishment is not confirmed.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the instant pleadings, a fine shall be imposed on the Defendant.

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