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(영문) 춘천지방법원 2018.04.13 2017고단1291

공무집행방해

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 worked for a guard business.

On November 15, 2017, at around 00:40, the Defendant: (a) carried out physical fighting in the street of "E" located in Hongcheon-gun, Gangwon-do; (b) and (c) carried out personal f, etc. in front of the "E week in Hongcheon-gun, Gangwon-do; and (d) prevented the Defendant, a police officer, who was called the "G (26 years old), who was called the above F, to put the Defendant into his arms," and (c) took a threat as if he would turn into his arms, and (d) put the right door of G into the left door.

Accordingly, the defendant interfered with the legitimate execution of public duties of police officers on criminal investigation and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of on-site photographs and investigation reports (Attachment to suspect's crimes and fence images of the assault video images) Acts and subordinate statutes;

1. Relevant legal provisions for criminal facts, Article 136(1) of the Criminal Act for the choice of punishment, and the selection of fines (it is highly probable that the defendant has abused a police officer who has worn his uniform, and the defendant has been punished by a fine due to violence, etc.);

However, the defendant led to confession and mistake against the victim police officer, and also sought a letter of suspicion against the victim police officer.

Along with these circumstances, a fine shall be selected by taking into account the following factors: (a) the Defendant has no same power; (b) the extent of the instant assault is relatively minor; (c) the background of the instant case that has been contingent; (d) the Defendant’s age, sexual conduct, environment, social relationship; and (e) the amount of fine shall be determined by taking into account the force of the instant assault and the patterns of the act, etc.