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(영문) 춘천지방법원 2020.12.15 2020고단985
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On September 8, 2020, the Defendant, at around 10:50 (see, e.g., evidence No. 22) around 10:50 on September 10, 2020, committed violence by plucking, plucking, etc. of both arms and arms of the above border D at the Defendant’s own residence, on the ground that: (a) there was a 112 report to the effect that “the Defendant fright to drive a drunk;” (b) the police officer of the Chuncheon Police Station C Zone C, who was dispatched to the site after receiving a notification to the effect that “the Defendant fright to drive a drunk;” and (c) the police officer of the Chuncheon Police Station C Zone C, who was dispatched to the site, tried to separate the reported person and the Defendant

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of field photographs and caps-fagic Acts and subordinate statutes;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

A. The instant crime is committed against a police officer in uniform, which explicitly threatens the enforcement of the basic public authority in order to maintain social order, and thus, may be deemed to be very bad in the circumstances.

It cannot be deemed that the above D, a police officer who is a victim, has suffered damage from the instant case.

(See Article 17 of the Evidence Records) In consideration of the above, the responsibility of the defendant is heavy.

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