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(영문) 춘천지방법원 영월지원 2019.04.30 2018고단499
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On October 9, 2018, at around 22:10, the Defendant: (a) was unable to avoid disturbance in India near the “C,” which was located in Gangwon-gun B; (b) the Defendant sent to the site after receiving a report on the “satisf,” and expressed that he was satfeing the above circumstances E by hand, while taking the Defendant’s desire to “Y, satfeabab” to the staff E of the D Zone group of the Gangwon-gu Police Station of the Gangwon-gu Police Station as “Y, satfabab.”

The Defendant continued to have been seated near the center line of the road located at the end of the same Eup/Myeon, without responding to the police officer’s measures taken by him/her, and was asked to move from F who was dispatched to handle the danger prevention report related thereto on October 9, 2018. In order to prevent danger, the Defendant neglected the demand by the police officer to move the Defendant to outside of the road. In order to prevent danger, the Defendant expressed his/her desire to the above Inspector F in the vicinity of the police station of the Gangwon-gu Police Station of the Gangwon-gu Seoul Special Metropolitan City located at the 9 Eup/Myeon-ro in the same Eup/Myeon, and expressed his/her desire to “hicker with his/her mind” to the above Inspector F in two hands.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. E statements;

1. Application of Acts and subordinate statutes to 112 report handling table, police franc campaigns, and police fluor video fluorial fluorgs;

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the applicable criminal facts, the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Penalty of a fine not exceeding 50,000 won to 15,000 won; and

2. That the sentencing criteria are not applicable since the range of recommending punishment was selected by a fine.

3. The defendant who has rendered a sentence shall serve in a justifiable manner while under the influence of alcohol.

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