(영문) 수원지방법원 2020.05.14 2020고단1273

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(영문) 수원지방법원 2020.05.14 2020고단1273

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 February 11, 2020, the Defendant received a notification disposition on the ground that the police box of the Suwon Police Station D, sent to the police box affiliated with the police box of the Suwon Police Station D, which called “C” in front of the restaurant “C” in Suwon-si, Suwon-si, which was sent on the front of the restaurant, was conducted by the Defendant on the ground that the police box of the Suwon Police Station D was conducted on the ground that he was sent to the police box E in front of the restaurant.

The Defendant committed an act of disturbance, such as influoring and preventing the patrol gate, and assaulting, on the same day, the E, who solicits him to return home at around 22:00 on the same day, by putting him/her out with a lar, by hand, and by taking the shoulder part of E.

Accordingly, the defendant interfered with legitimate execution of duties concerning the investigation of police officers' crimes, the maintenance of order, and the prevention of danger.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reporting on investigation;

1. Application of the Acts and subordinate statutes concerning the closure of dynamic images;

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

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have been committed by a police officer dispatched after receiving a report of 112, and the nature of such crime is not minor.

However, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the Defendant recognized the instant crime and divided his mistake; (b) the Defendant was the primary offender; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; (d) means and consequence of the crime; and (e) the conditions of sentencing indicated in the record, such as the circumstances

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