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(영문) 청주지방법원 제천지원 2016.12.08 2016고단408

공무집행방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 22, 2016, around 23:45, the Defendant: (a) committed assault by putting a rank attached to E on the shoulder, i.e., C Apartment 402 and 606, the Defendant: (b) on September 22, 2016; (c) on the ground that E, a police officer of the Jeju Police Station D District D District Police Station called “A,” who was dispatched to the site after receiving a report of fighting under Article 112; and (d) on the ground that he reported the new outbreak into the house.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to internal investigation reports and investigation reports (on-site video attachment);

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:

The fact that the police officer who received the report obstructs the performance of official duties by assaulting the police officer, and is against his/her duty, and the extent of the exercise of force is minor.