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(영문) 춘천지방법원 2018.12.13 2018고단1013

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

1. On September 20, 2018, the Defendant damaged KRW 137,500 of the repair cost by walking a victim D’s “explosion” installed at the first floor of the commercial building located in Chuncheon-si, Chuncheon-si, around 2018.

2. On September 20, 2018, the Defendant: (a) received a report in front of the F pharmacy located in Chuncheon-si, Chuncheon-si, on September 20, 2018; (b) received a request to arrange the place specified in paragraph (1) from an slope H (39 taxes) belonging to the G District of the Chuncheon Police Station G Glecheon-si, Chuncheon-si, which called “the customer fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to f

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to on-site and damaged parts photographs, internal investigation reports (specific circumstances, etc. of the damaged objects), Baduk video CDs, and receipts;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) it is not good for the Defendant to use violence against police officers who properly perform official duties by putting in uniform; (b) there is no record of crime due to violence since 2003; (c) it appears that he was aware of his criminal act; (d) restoration of damage to property and agreed on the victim; (c) the attitude and degree of assault; (d) the Defendant’s age, sexual behavior, environment, motive and background of the crime; and (e) other circumstances constituting the conditions for sentencing as shown in the pleadings of the instant case, including the circumstances after the crime, etc.