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(영문) 춘천지방법원 강릉지원 2013.07.24 2013고정112
공무집행방해
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a D'D' restaurant located in Jeju City.

At around 00:20 on October 7, 2012, the Defendant complained against F, his wife, and F, his wife, in the front of E at the Jeju Island, who was reported to the issue of house construction and sent to the Defendant, and the H and slope I, who was in the Jeju East Police Station G District, sent to the Defendant.

Therefore, the above police officers wanted to read “this spawn, a low fluor, a fluorh, and a fluorh,” and assaulted the back part of the spawn I of the slope due to his body by continuously pushing the H with his own body and continuing to walk once.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports by police officers in the global guard.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to H and I;

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

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

1. The amount of fine was reduced by taking into account the following circumstances: (a) the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act reflects the mistake of the Defendant; (b) there is no same criminal records other than the amount of fine once; and (c) the Defendant, even though having committed serious assault from F on the day of the instant case, committed the instant crime while the police officer resisted the Defendant, who was not F, and did not seem to have been strong enough to commit the crime of obstructing performance of official duties

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