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(영문) 춘천지방법원 2016.02.18 2015고단1313
공무집행방해
Text

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

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

Reasons

Punishment of the crime

1. On November 16, 2015, at around 01:25, the Defendant, at around 01:25, committed assault by the Defendant, in his hand, twice the chest of the said F, by having a defect in questioning the Defendant about the circumstances of the case at the site by the police officer belonging to the E District of the Chuncheon Police Station, who was dispatched to the site after having received a report of 112, by avoiding the f, such as shouldering the fright while drinking in the “DNA” located in Chuncheon-si, Chuncheon-si.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

2. On the same day as in the preceding paragraph, the Defendant, at around 01:28, instructed the Defendant to ask questions about the circumstances of the case by the circumstances belonging to the Chuncheon Police Station E District Team, which supported the Defendant at the location in the preceding paragraph, and assaulted twice the chest of the said G by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. 112 Reporting case handling table;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of patrol stuffs and video images);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

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;

1. The punishment shall be determined in consideration of favorable circumstances, such as the fact that the extent of assault by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is insignificant, the confession of a crime and reflect in depth;

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