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(영문) 춘천지방법원 2017.12.19 2017고단1131

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On September 28, 2017, in the vicinity of the intersection of the 11-1p square of 150,000 m. on September 28, 2017, the Defendant discovered the Defendant who was engaged in patrol duty without permission by the slope C belonging to the police station B of the Chuncheon Police Station B of the victim who was engaged in patrol duty, and requested the presentation of identification card to give notice, “I do not have any person who would do so in B belt.”

”라고 하며 휴대폰을 쥔 오른손으로 피해자의 가슴을 1회 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention of traffic hazards.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of CD-related Acts and subordinate statutes

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant had been punished several times, including a crime obstructing the performance of official duties, and that the Defendant committed the instant crime during the period of repeated crime resulting from an injury, etc. is an element for sentencing unfavorable to the Defendant.

On the other hand, the fact that the defendant seems to have been repented while making a confession of the crime of this case, and that the degree of interference with the execution of official duties is not obvious, etc. are factors favorable to the defendant.

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.