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(영문) 청주지방법원 2017.04.18 2017고단408

공무집행방해

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On February 24, 2017, at around 01:34, the Defendant: (a) received a report on “D cafeteria” located in Heak-gu, Chungcheongnam-gu, Chungcheongnam-do; (b) 112, which read “Is a guest who is diving without paying meal charges;” and (c) committed assaulting the Defendant’s face at one time with his left hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning 112 reporting handling duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to a criminal investigation report (investigation into CCTV images at Dcafeterias), a criminal investigation report (Attachment to the detailed statement of processing the case to be reported), a criminal investigation report (CCTV video viewing report), and a criminal investigation report (report on the identity of the immediately preceding suspect in the instant case);

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

1. Selection of a selective fine (the nature of the crime is minor due to the second offense during the period of suspension of the execution of the same punishment);

Although it is not possible to see, it is a crime that the defendant committed contingently in the process of shouldering the defendant who was temporarily under the influence of alcohol, and considering the fact that the defendant committed contingent and the mistake is deeply divided).

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.