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(영문) 청주지방법원 2017.03.30 2016고단1746
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

At around 00:40 on April 26, 2016, the Defendant: (a) committed an act of assaulting the chest of the above E, thereby obstructing the police officer’s legitimate performance of duties regarding the prevention, suppression, etc. of the police officer’s crime, while the slope E, who was called up, after receiving a report of selling alcoholic beverages, was investigating the instant singing room business operator, the Defendant’s cell phone, “I am well known to the police assistant, I am on the Internet, I am on the Internet, I am on the cell phone, I am off the cell phone.”

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 a criminal investigation report (verification of the status at the same time as the suspect and the police officer dispatched);

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) of the Criminal Act to attract a workhouse;

1. The elements of sentencing unfavorable to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The nature of the offense is bad as it was committed against a police officer in the course of performing his/her duties, and there is no criminal record except for those who have been punished several times due to contingent crimes, violation of the Road Act, etc. A person who has no criminal record of identical or violent crimes. Recognizing errors and reflects nature, comprehensively taking into account the sentencing conditions under Article 51 of the Criminal Act, the sentence is determined as ordered.

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