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(영문) 수원지방법원 평택지원 2018.06.15 2016고단2679
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On December 4, 2016, at around 22:35, the Defendant: (a) while under the influence of alcohol in Pyeongtaek-si B, the Defendant: (b) took a large voice of “influencing her husband’s husband; (c)” she was subject to 112 reports; and (d) took a look back from the police box affiliated with the police box of Pyeongtaek-gu Police Station D, which called “heat .....”; (c) took a bath to said E’s face; (d) took a handbag to put him/her up and her drinking.”

Accordingly, the defendant assaulted a police officer who was performing legitimate duties concerning the handling of 112 reports, thereby hindering the performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The case where a police officer interferes with the performance of duties by a police officer without any justifiable reason; the case where a victimized police officer wants to punish a defendant; the case where a crime was committed in favor of him/her, such as confession, reflectivity, initial crime, and the remaining contingent charges while under the influence of alcohol; the degree of interference with the performance of official duties is relatively not more severe: The sentence imposed on the defendant's age, family relation, circumstances leading to a crime, etc.: a fine of not less than 4,00,000 won is determined as per Disposition.

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