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(영문) 춘천지방법원 2017.02.07 2016고단1308
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 November 29, 2016, the Defendant, at around 02:29, filed a disturbance for the reason that the Defendant does not interfere with the extension of time at “D main points” operated by C in Chuncheon-si B, Chuncheon-si, and C, thereby interfering with the business of customers.

'Woo 112 reported and sent to the scene by the police officer F, who belongs to the Gangnam Police Station E District of the Gangwon-do Police Station E District, demanded the Defendant to return home, and assault F, who took the bath that F, “Woo was flick in daily mind, and this flick was flick,” and f, who was flicked, was flicked by a flick hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning field measures by police officers according to 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Application of statutes on field 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. It is an element of sentencing unfavorable to the Defendant that it is necessary to strictly punish the Defendant in light of the legal interests and interests of the instant crime, i.e., the establishment of legal order of the country with reason for sentencing and the necessity of protecting performance of official duties, under Article 334(1) of the Criminal Procedure Act.

On the other hand, it seems that the defendant's mistake is divided and reflected, and the extent of the assault committed by the defendant to the damaged police officer is serious.

It is difficult to see that the defendant has no other criminal records, except for one time before and after the punishment of this kind, etc., which are favorable to the defendant.

In addition, in full view of all other circumstances, including the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., the sentence specified in the arguments in this case shall be determined as ordered (in this case, the sentencing criteria shall not be applied at the option of fine).

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