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(영문) 청주지방법원 2017.06.08 2016고단2967

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On October 24, 2016, the Defendant sent to the entrance of the Macheon-gu 15-ro 501-gil-ro, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-si, on October 24, 2016, “On the part of the police officers who return to the Defendant’s wife after receiving a report on 112, the Defendant: (a) sent to the entrance of the Mancheon-gu 15-ro apartment; and (b) put the math, kis, and kis into the police officers who return to the Defendant’s wife; and (c) put the police officers into the lab, without any justifiable reason, walk the back of the patrol car on which the police officers are aboard, and interfere with the passage of the patrol car by putting the driver’s seat in his hand.

The Defendant continued to get off from the patrol car, and was fluored with the shoulder and arms of the Cheong-ju Police Station B, the Cheong-ju Police Station B, which controlled the Defendant, once again, and the Defendant took a bath to D who was employed in the same patrol team, and used the chest of the said D as his hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and criminal investigations by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of D;

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 an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of obstructing the execution of official duties for sentencing under Article 334(1) of the Criminal Procedure Act is a crime that undermines the function of the State or a public institution and is against the time of committing a crime, such as the fact that the crime requires strict punishment, and is a primary offender who has no record of crime, and the favorable circumstances such as the fact that the crime can be seen as a contingency crime under the influence of alcohol, and other favorable conditions such as the defendant's age, sex behavior, environment, motive, means and consequence, etc., shall be determined as the order by taking into account all the factors of sentencing prescribed in Article 51 of the Criminal Act, including the following circumstances.