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(영문) 청주지방법원 제천지원 2020.01.30 2019고단406

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 22:28, 2019, the Defendant received 112 report on “C Singing in front of “C Singinginging” in Bocheon-si B, and received confirmation on the circumstances of the instant case from the police officer E, who was dispatched to the site, who was dispatched to the site, and was urged by the Defendant to go home from the said police officer by doing his behavior, such as acting as he does, even if he does so under the influence of alcohol, when he does so.

However, the Defendant refused to return home, and expressed the police officer’s desire to “this spawn” to the police officer, and assaulted the above police officer’s spawn at one time.

Accordingly, the defendant interfered with legitimate execution of duties such as handling of 112 reported cases and preventing crimes by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A certificate;

1. Application of investigation reports (investigation into moving images, etc.), photographs, and video CD-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The Defendant assaulted police officers in charge of duties such as handling 112 reported cases and preventing crimes, thereby obstructing the performance of official duties.

The crimes of defendants are very serious crimes that threaten the safety of police officers who serve to maintain social public order, such as protecting people's lives and bodies, preventing, suppressing, and investigating crimes, and injure their honor and pride.

Defendant has been punished by a fine for the same kind of crime.

A favorable condition: