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(영문) 춘천지방법원 강릉지원 2019.01.10 2018고단1135

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 October 21, 2018, the Defendant: (a) around 21:00 on March 21, 2018, at Ccafeteria located in Samdong-si, D, E and meals, and (b) had the Defendant drive the Defendant’s vehicle, and (c) had the Defendant drive the Defendant’s vehicle on board D and E, and (d) had the Defendant arrive at the G apartment parking lot located in the same time as the Defendant’s house at around 21:10 on the same day.

At this time, the Defendant reported 112 to the above substitute driver and the driver of the police station who was carrying out the trial, and met with the police officer I and the policemanJ, etc., the Defendant: (a) reported 112 to the police station; and (b) reported that the security guard I listened to the circumstances of the report from the above substitute driver; (c) reported that I “I, this son,” took a bath to read “I’s body,” and pushed the police officer’s face one time in his hand; and (d) prevented the police officer from taking the face.

Accordingly, the defendant interfered with the legitimate execution of duties of the police officer on the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to I and J;

1. 112. List of reported cases;

1. Application of related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is against the Defendant while making a confession, the primary offender is the first offender, the changes in the status occur when the Defendant is sentenced to a suspended sentence or a heavier punishment as a public official, the extent of the assault of this case is relatively minor, the police officers and all police officers have agreed to the extent that the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and all other circumstances constituting conditions for sentencing, such as the conditions for sentencing, shall be determined as per the order.