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(영문) 춘천지방법원 2018.05.15 2018고단96

공무집행방해등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

1. On January 9, 2018, around 16:00, the Defendant went to a ward through a knife gate, wherein the head of the house and the head of the knife the whereabouts of the Defendant’s wife were written.

Accordingly, the defendant infringed upon the above D's residence.

2. Around January 17:15, 2018, the Defendant interfered with the performance of official duties, at the house of the above D, and “F (31)” used a slope F (31 tax) belonging to the E District of the Chuncheon Police Station Ethical Police Station Ethmp, the Defendant confirmed that he/she had been dispatched after receiving a report 112, and committed assault on the part of the above F (F) twice, with the hand-on hand-on hand-on hand-on hand-on hand-on hand-on hand-on hand-on hand-on hand-on hand-on hand.

Accordingly, the Defendant interfered with legitimate execution of duties concerning the prevention, suppression, and maintenance of order of the victim F who is a police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Written statements of D;

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

1. Relevant legal provisions on criminal facts, Articles 319 (Influence of Violation of Residence), 136 (1) (influence of the performance of official duties) of the Criminal Act on the selection of fines (influence of the act of assaulting police officers who wear their uniforms) and the selection of fines (influence of the act of assaulting

However, the defendant reflects the error of the defendant, and agreed with the victim of the crime of intrusion on residence.

Along with these circumstances, there is no power for the defendant and there is no history of punishment exceeding fines, and the extent of assault against the crime of obstructing the execution of official duties of this case is relatively minor, the defendant's age, health status, sexual conduct, environment, etc. shall be selected by a fine in consideration of the circumstances of the case committed by contingently, the background of the case, the defendant's age, health status, sex, environment, etc., and the amount of fine shall be determined in consideration of the form of the act, etc.).

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