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(영문) 춘천지방법원 2018.07.17 2018고단483

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On April 18, 2018, the Defendant, at around 02:30, around 02:0, at “C amusement shop” located in Chuncheon-si B, had the above entertainment shop D and the drinking value test in the course of calculating the day and drinking after drinking.

The report was received at the above trial expense, and the police officer F, G, and police officers belonging to the Chuncheon Police Station E District were called to the site and used to return home to the defendant.

Then, Defendant 1 expressed to F police officers who confirmed the inside of the above amusement shop “this Chewing camping point or” and expressed to G police officers who read to have the above police officers sealed the above police officers’ knife by hand, restrain it, and trying to return home again, and used the above police officers’ face part of the above police officers’ face at one time by hand, and assault the Defendant’s chest who continuously recommended the Defendant to return home.

Accordingly, the defendant interfered with legitimate performance of official duties concerning the prevention and suppression of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D, F, G, and H;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a fine for selective punishment (the amount of fine shall be determined, taking into consideration the fact that the defendant has no same record, confession and reflects on the defendant, the fact that the defendant is a contingent crime, the age, environment, etc. of the defendant, the form of the act, the degree of interference with the execution of official duties, etc.);