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(영문) 청주지방법원 2016.05.24 2015고단1680
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On August 16, 2015, at around 00:49, the Defendant 30:49, carried a 112 phone using a Handphone in Jincheon-gun B, Jincheon-gun, and reported 112 to the Defendant. The Defendant obstructed the proper performance of duties by assaulting the police officer on the part of drinking Party E, who was sent under the order of the police station’s situation room, stating that the sound being pushed on the handphone of the reporter did not speak, and confirmed the content of the report at the handphone of the reporter, who was sent under the order of the police station’s situation room, to check the contents of the report.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Notification of departments related to the report of the 112 case, and application of Acts and subordinate statutes on Handphone photographs;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is under the influence of alcohol and thus, the Defendant was under the influence of alcohol and was locked at the night. Upon receiving the 112 report and being required to present an identification card in order to verify whether the Defendant was a 112 reporter by the police, the Defendant appears to have been under the influence of committing the instant crime without fault (the Defendant’s telephone was 112 report, and the Defendant stated that there was no memory on 112 report). While considering the above circumstances, the Defendant expressed an attitude that he would be under the influence of detention in light of the facts charged, he would be able to recognize it as a substitute for the facts charged.

Although there are many violent crimes, the defendant has no record of being punished as a crime of obstructing the execution of official duties.

In light of these circumstances and the sentencing conditions stipulated in Article 51 of the Criminal Act, the same sentence as the order shall be determined.

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