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(영문) 춘천지방법원 속초지원 2020.03.25 2019고단223
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Around 00:10 on May 5, 2019, the Defendant used the Defendant’s pro-Japanese and body fighting in the Defendant’s dwelling space located in the Seocho-si, Si, Si, 2019. On May 5, 2019, the Defendant used the Defendant’s pro-Japanese and body fighting from the border D belonging to the Gangwon-gu, Gangwon Police Station C District, which was called upon 112 report, to stop it, and used the Defendant’s face flad with D one time, and used the Defendant’s face flad with the right direction.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reports and crime prevention by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act recognizes the defendant's error, and the defendant has no same criminal records.

The defendant agreed with police officers D, and the above D is not subject to punishment of the defendant.

However, the crime of obstruction of performance of official duties needs to be punished in particular for the purpose of establishing legal order and eradicating the light view of public authority.

In addition, the punishment shall be determined as ordered in consideration of various sentencing conditions, such as the background of the crime of this case and the degree of obstruction of performance of official duties.

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