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(영문) 춘천지방법원 속초지원 2019.08.14 2018고단415

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

At around 01:30 on September 27, 2018, the Defendant: (a) expressed that the Defendant: (b) expressed the police officer’s desire to die; (c) and (d) demanded the police officer to stop the fright and return home on the ground that: (a) the police officer D’s desire to stop the fat; and (b) used the fating fat; and (c) assaulted the police officer D, such as fating the fat.

As a result, the defendant interfered with the legitimate execution of duties of police officers on crime prevention and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to photograph CCTV images;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant committed the instant crime during the period of repeated crime, and there is a need for strict punishment against the obstruction of performance of official duties in order to establish legal order and eradicate the light of public authority.

However, in consideration of the fact that the defendant's mistake is recognized, the degree of assault exercised by the defendant is not strong, etc., a fine shall be imposed, and the punishment shall be determined as ordered in consideration of various sentencing conditions.