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(영문) 청주지방법원 2016.08.05 2016고단717

공무집행방해

Text

1. The defendant shall be punished by a fine not exceeding three million won;

2. Where the defendant fails to pay the above fine, one hundred thousand won.

Reasons

Punishment of the crime

At around 01:30 on March 30, 2016, the Defendant: (a) Cheongju-gu, the Cheongju-gu, the Cheongju-gu, the Cheongju-gu, Cheongju-gu, the Cheongju-gu Police Station, who parked a vehicle and waits for her friendship with the music and waits for her friendship; (b) the Defendant expressed his desire to “I will cause damage to other people due to the excessive amount of music cretion,” and used a breath while she listened to the words “I will cause damage to other people,” and then, she flicked 2 and 3 times.

As a result, the defendant interfered with legitimate execution of duties of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to arrest and report cases;

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

1. The sentence like the order shall be determined by comprehensively taking into account the following circumstances as to the sentencing reasons under Articles 70(1) and 69(2) of the Criminal Act, and other conditions of the sentencing as shown in the records, such as the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime.

It is very important to commit crimes such as taking a bath against the legitimate demand of police officers and exercising violence.

The favorable circumstances - the mistake has been divided in depth.

- The degree of violence against police officers seems not to be serious.

- there is no record of punishment for the same type of crime, and there is no record of punishment, only one time of fine due to Obaneless driving, and there is no record of other punishment.

- At the time of the instant crime, the Defendant was a juvenile under the Juvenile Act.