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(영문) 청주지방법원 2016.05.25 2016고단461
공무집행방해
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 March 2, 2016, the Defendant: (a) at “C cafeteria” located in Cheongju-si, Cheongju-si; (b) at “C cafeteria” located in Cheongju-si, Cheongju-si; (c) on the ground that the Defendant received a report from 112 to the effect that “the Defendant frighting the fright under the influence of alcohol; and (d) on the front of the police officer belonging to the Cheongju-si, the police officer belonging to the Cheongju-si, the police officer belonging to the Cheongju-si, the Cheongju-si, the Defendant received a voluntary request from the police officer belonging to the police officer belonging to the Cheongju-si, the police officer, etc., and tried to control the violation of the Punishment of Minor Offenses Act (b) on the ground that E, police officers, etc. and F, try to put the fright in drinking, and (e) stop the flag, “this fright fright.”

In doing the bath theory, “I am a drinking,” and used violence, such as removing a rank on the upper right part of the police uniform of F in F, by putting it off.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Ethical letters;

1. An investigation report (the counter investigation of the operator of the C cafeteria);

1. Investigation report (with regard to voluntary accompanying circumstances and photographing of a damaged police officer);

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

1. Article 136 (1) of the Criminal Act concerning 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 act of obstructing the execution of official duties by assaulting police officers on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order by the defendant is under the circumstances unfavorable to the defendant. The defendant confessions the crime of this case and reflects it, and there is no particular criminal record other than once a fine, and there is no previous criminal record within the last ten years is the circumstances favorable to the defendant.

The above circumstances are as follows.

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