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(영문) 춘천지방법원 2018.10.18 2018고단736
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

On June 17, 2018, the Defendant reported to 112 on the ground of drinking value and trial expenses in the “C danran Doncheon-gun, Hongcheon-gun, Hongcheon-gun, (C) on June 17, 2018, and sent to the site by the police officers belonging to the Dancheon Police Station D branch assigned to the site, etc.

1. 공무집행 방해 피고인은 2018. 6. 17. 01:15 경 강원 홍천군 E에 있는 위 D 지구대에 방문하여, 위 지구대 소속 야간 근무자로서 112 신고 사건 처리 업무를 수행하고 있던 순경 F에게, “ 너 앉아 봐, 싸가지 없는 새끼, 어린놈의 새끼야 다시 이리 와 봐! ”라고 욕설하며 오른손에 들고 있던 페트병 안에 들어 있던 물을 순경 F을 향해 뿌렸다.

Accordingly, the defendant assaulted police officers and interfered with legitimate execution of duties concerning the handling of 112 reported cases.

2. On June 17, 2018, the Defendant, in violation of the Punishment of Minor Offenses Act, visited the said D District E, Gangwon Hongcheon-gun, Hongcheon-gun, with the influence of alcohol around 01:15 on June 17, 2018, and she took a bath to a police officer in charge of night duty belonging to the said District F while carrying out his/her desire to have him/her together with the foregoing paragraph (1).

Accordingly, the defendant, in a public prosecution, scam or scamed by very rough words and conducts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 136(1) of the Criminal Act that prescribes the choice of punishment (the point of obstructing the performance of official duties), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of obstructing the revocation of punishment in official books), the choice of fines (the fact that the defendant is led to confession and reflect, the fact that the defendant is a contingent crime, the fact that the defendant has no same power, the age and environment, etc. of the defendant);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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