(영문) 청주지방법원 제천지원 2019.10.24 2019고단290

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(영문) 청주지방법원 제천지원 2019.10.24 2019고단290

공무집행방해

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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 17, 2019, around 00:05, the Defendant brought a disturbance, such as 00:05, around 00:05, the Defendant was under the influence of alcohol in the B apartment C, and police officers including E, belonging to the D District Unit of the Incheon Police Station, received 112 reports and dispatched to the said residential area.

The Defendant continued to fight with his family and fighting, etc. even after the Defendant was called out by the police officers, and took a bath to “spawn,” and received from E, from his head, the chest portion of the Defendant was called “spawn.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The Defendant assaulted police officers in charge of handling 112 reported cases and preventing crimes, thereby obstructing the performance of official duties.

The crimes of defendants are very serious crimes that threaten the safety of police officers who serve to maintain social public order, such as protecting people's lives and bodies, preventing, suppressing, and investigating crimes, and injure their honor and pride.

The favorable circumstances: The mistake is recognized and reflected.

The Defendant is an initial offender who has no criminal record.

참조조문

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