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춘천지방법원 2018.10.17 2018고단815

공무집행방해

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 12, 2018, at the defendant's house located in Chuncheon B and B around 23:20 on June 12, 2018, the defendant sent to the defendant's house at the defendant's house located in Chuncheon B and 2. However, according to the above F and C's statements, the defendant was not the defendant, but the defendant was found to have been aware of the fact that he did not enter the above bath and did not harm the defendant's right to defense. Thus, the defendant's written indictment that the defendant interfered with the police officer's legitimate execution of his duties by making the chest of F of the situation F of the Chuncheon Police Station E division belonging to the Chuncheon Police Station E division and making the f's chest into the house for the investigation of domestic violence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of statutes to on-site photographs and reports on dispatch to the scene of violence incidents;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is an element of sentencing unfavorable to the defendant, such as: (a) the fact that the police dispatched by the defendant to the scene for the investigation of domestic violence cases without any particular reason is bad in quality of the crime; and (b) the fact that there is no agreement with the damaged police.

However, in light of the fact that the defendant shows the appearance of recognizing and opposing the crime of this case, that the defendant has no record of criminal punishment except for the defendant who has been sentenced once to a fine due to a double-class crime, and that the police has committed the defendant's act from before the police was dispatched to the time of the crime of this case (the defendant was speaking for the domestic violence of C), the defendant committed the crime of this case by contingency.