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(영문) 춘천지방법원 2016.08.31 2016고단714

공무집행방해

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 30, 2016, at around 08:20, the Defendant: (a) stated that “A police officers belonging to the Gangwon Hongcheon Police Station B District request the Defendant to return home to the Defendant after receiving a report from 112, “I will have a male and female on the stairs of diesel apartment” before the second elevator operation of the diesel apartment located in 17, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, 2016, the Defendant 112, followed the Defendant’s request to return home, so it would be necessary to turn back to the Defendant. In other words, I would like to find out the inside of the Ams and take me off.” On the other hand, I would like to say, “I will am on the other hand, I am on the other hand, I am on the part of the above C’s clothes twice, and the part of the instant C’s clothes and the part of the bridge and the part of the bridge, respectively.

Accordingly, the defendant interfered with the legitimate execution of duties concerning field measures by police officers according to 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the draft D;

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 sentencing criteria do not apply to the choice of a fine on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

In order to establish the State’s legal order and eradicate a light of public authority, there are unfavorable circumstances such as the need for strict punishment with respect to the crime of obstructing the performance of official duties of this case. However, the defendant is in depth of his mistake, the crime of this case seems to have occurred contingently, and the defendant has no record of being punished for the same kind of crime, and there is no record of gross criminal punishment heavier than the suspension of qualification, and the defendant's age, sex, behavior, environment, motive, means and consequence resulting from the crime of this case, the circumstances after the crime, the records and changes of this case, and all other circumstances constituting the conditions for the punishment as shown in the above order shall be determined as ordered.