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(영문) 춘천지방법원 원주지원 2019.10.10 2019고단755
공무집행방해
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On March 3, 2019, at around 06:40, the Defendant: (a) sent to the site after receiving a report of 112 on the Defendant’s assault relation to D’s assault in front of the Hanju-si, 00, the Defendant f, Gman, and G Ha-ju’s chest, who was called to the site on the street, brought the Defendant at the front of the Hanju-si, in a timely fashion, to check the Defendant and D’s personal information; (b) expressed the said police officer the Defendant at a large voice of “F and G’s chest, f.h., to f., to f., to f., to f.m., to f., to f.m., to f., to f., to f.m., to f., to f. and continuously refrain the Defendant.

Accordingly, police officers, such as the Inspector F, expressed that they were able to arrest the Defendant in the act of obstruction of performance of official duties or in the act of assault, such as the Defendant, “Chewing. Chewing,” and assaulted the Defendant’s chests of the Inspector F, policeman G, and the police officer on several occasions.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers and the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the I, F, H, and G;

1. Investigation report (verification of CCTV images at the site);

1. Application of Acts and subordinate statutes to a investigative report (the confirmation of a DNA campaign by a police officer visiting the police station);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. On January 25, 2019, the Defendant committed the instant crime without being sentenced to imprisonment with prison labor for a period of one year and two years of suspended execution at the Seoul Northern District Court on January 25, 2019, which was disadvantageous to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act.

The defendant interfered with public duties by exercising a physical force directly on the body of several police officers.

A favorable circumstance: A damaged police officer does not want to punish the defendant.

The defendant recognized the crime of this case.

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