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(영문) 춘천지방법원 2018.04.11 2018고단153
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 20, 2018, the Defendant, within the “C convenience store located in Hongcheon-gun B”, and notified the Defendant of the disposition to the Defendant as a violation of the Punishment of Minor Offenses (Disturbing Disturbance) by Hongcheon Police Station D police station, which called the Defendant at the site upon receipt of a report of 112 that the Defendant avoided disturbance, and sent the notification to the Defendant, and assaulted the said police officer at one time at the right knife with the left hand.

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report internal investigation (including the current status of mobilization to the scene), CCTV photographs, and photographs of damaged parts, investigation reports (Attachment to the table of 112 reported cases and copies of evidence issued by victim police officers), and investigation reports (Attachment to the copy of the on-site CCTV photograph and CCTV photograph) (Attachment to the CDs and CCTV images);

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 the factor for sentencing unfavorable to the defendant, such as the following: (a) the defendant committed the instant crime, which was committed by the female police who notified that he would have been subject to the notification, and was committed at least three times before the instant crime; and (b) the fact that the crime was poor, and that there was no agreement with the damaged police.

다만, 피고인이 이 사건 범행을 인정하며 반성하는 모습을 보이고 있는 점, 피고인은 초범인 점, CCTV 영상을 보면, 피고인이 피해 경찰의 뺨을 때린 정도가 툭 치는 정도에 그친 것으로 보이는 점, 피해 경찰을 피공 탁자로 하여 금원을 공탁한 점 등을 피고인에게 유리한 양형 요소로 참작하고, 그 밖에 피고인의 연령, 성 행, 환경, 범행의 동기와 경위, 범행 후의 정황 등 이 사건...

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