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(영문) 수원지방법원 안양지원 2019.06.19 2019고단714
공무집행방해
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On March 30, 2019, around 03:15, the Defendant: (a) stated that “A male guest, who had been drunk, arrived at the destination, shall not have arrived at the taxi”; (b) the Defendant, after receiving a report on 112, expressed to E the circumstances belonging to the D Zone Unit of the Gyeonggi Police Station, who was called “the opening-up” and tried to start the patrol car, he saw several times after the left side of the patrol car, and assaulted the said E’s throle, which was set off from the driver’s seat, with a hand-on hand.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the handling of 112 reports by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the following factors shall be comprehensively taken into account the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the crime, and various factors of sentencing as shown in the records and arguments, such as the circumstances after the crime.

D. Unfavorable circumstances: The crime of this case was committed by the defendant while under the influence of alcohol and was committed by the police officer, and its nature is very poor in light of the form of crime, etc.

The defendant was arrested and brought in to the district but failed to escape a disturbance.

The crime of obstruction of the performance of official duties, like this case, needs to be punished strictly in order to eradicate the state's awareness of public power and to establish the state's legal order.

The defendant did not reach an agreement with the victimized police officer.

The favorable circumstances: The defendant seems to have a view to recognizing and opposing the crime.

The degree of assault used by the defendant is relatively weak.

In many times, the defendant found the police officer who suffered damage on several occasions and caused the death of the defendant.

There is no other criminal record except a fine of 700,000 won sentenced to a violation of the Road Traffic Act around February 6, 1997.

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