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(영문) 춘천지방법원 2017.01.18 2016고단1151
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

On October 5, 2016, the Defendant: (a) committed assault in front of the C Hospital located in Chuncheon-si B, 19:50 on October 5, 2016, that “a hospital patient frights at a hospital in drinking,” who is requested to return home from the head of the border of the police station of the Gangwon-gu Police Station D, Gangwon-do, Gangwon-do, where he was reported by 112, and received a request to return home from the head of the police station located in the seat of the Gu, Gangwon-do Police Station D, Gangwon-do, where he was called “I am, I kne, I knee, and knee off the right kne to the right kne, with the left hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning field measures by police officers according to 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 136 (1) of the Act applicable to the facts constituting a crime, the choice of punishment, and the choice of fines;

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

1. The sentencing criteria do not apply to the choice of a fine on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

In order to establish the law and order of the state and eradicate a state of public authority, there is a need to impose severe punishment on the crime of obstructing the performance of official duties of this case, and the defendant has a record of punishment for the same kind of crime.

On the other hand, the Defendant has already divided his mistake in depth, the crime of this case seems to have been committed contingently, and the same criminal record of the Defendant is a criminal record before about 25 years, and the crime of this case was committed while being hospitalized for the disease that the Defendant was “a mental and behavioral disorder in detail by alcohol use,” and it appears that such disease was one cause for the crime of this case, and thus, if a specialized treatment is performed, there is room for improvement in the future.

The above circumstances and other circumstances are the Defendant’s age, sex, environment, and the instant crime.

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