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(영문) 의정부지방법원 2018.02.22 2017고단5836

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 November 1, 2017, the Defendant confirmed the details of the Defendant’s report, etc. on the “C Burial” located in Dongbcheon-si B, Dongbcheon-si, 2017, on the following street: (a) the Defendant sent to the site after receiving a report from 112, while under influence of alcohol D and consultation; (b) the life safety of the Dongbcheon Police Station, and the police officers belonging to E B, who called the site; and (c) the Defendant confirmed the Defendant’s report, etc. against the Defendant.

Does the meaning of this case shall not be a matter of doubt.

The 112 police officers' legitimate execution of duties was obstructed by taking the Fth of police officers' kn't and pushing the F with a kn't, and obstructing the police officers' legitimate performance of duties concerning handling reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. A copy of the service log for a police box and a list of reported cases handled by 112;

1. Application of Acts and subordinate statutes on violence photographs;

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. Taking into account the following factors: (a) the reason for sentencing prescribed in Articles 70(1) and 69(2) of the Criminal Act, which reflects the Defendant’s mistake; (b) the degree of assault against the victimized police officer is not significantly serious; and (c) the Defendant has been sentenced to four times a fine for negligence.