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(영문) 춘천지방법원 2016.09.28 2016고단717
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 June 22, 2016, at around 22:45, the Defendant: (a) had a bitched bitch, the police son, who had been drunked, around C’s entertainment establishments located in Chuncheon-si B, with the report of 112; (b) had a bitched bitch to E, who had been dispatched to the site after receiving a report of 112; and (c) had a bitched bitch.

“In doing so, assaulted the head of the above E on two occasions by taking the chest part of the chest part of the head.”

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. Application of Acts and subordinate statutes of police statement protocol to E;

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 sentencing criteria do not apply to the choice of a fine on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

In order to establish a State’s legal order and eradicate a light of public authority, there are unfavorable circumstances such as the need for strict punishment with respect to the crime of interfering with the performance of official duties of this case. However, the defendant is in depth of his mistake, the crime of this case seems to have been committed contingently, and the defendant has no record of being punished for the same kind of crime, and it is difficult to see that the degree of assault was serious in this case, and other factors, such as the defendant’s age, sexual behavior, environment, and motive, means, and consequence leading to the crime of this case, the circumstances after the crime, the records and changes in the records of this case, shall be determined by taking into account all the circumstances that are the conditions for sentencing as indicated in the judgment.

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