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(영문) 춘천지방법원 강릉지원 2018.04.12 2018고단140

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

On February 15, 2018, the Defendant 05:19 on February 15, 2018, around the main points of “C” located in Gangseo-si B, the Defendant spawn the disturbance.

“The 112 reported and sent to the site with the victim E (34) who was a policeman belonging to the Gangnam Police Station D police station, who was called to the site, was on the patrol vehicle and moved to the district of the Gangseo Police Station D. On the same day, the 05:25:25 on the front of the D district of the Gangseo Police Station D, located in the Gangnam Police Station in the Gangnam Police Station, the patrol vehicle at the patrol vehicle, coming to the victim, fright the victim, and fright the victim’s body, fright the victim’s body, and fright the victim’s eye at one time, and fright the victim’s eye fright the victim’s eye, and fright the victim’s eye at one time and fright the victim’s eye that requires approximately two weeks medical treatment.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs of a victim;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) and Article 257 (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 sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances and the conditions of all the sentencing recorded in the records, including the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, the circumstances before and after the commission of the crime, and the details of the crime, as set forth in the order.

Unfavorable circumstances: The circumstances in which strict punishment is necessary because the police officer's obstruction of and injury to the performance of official duties would hinder the exercise of national public authority; the confession is made and his mistake is divided; and the first offense is the first offense.