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(영문) 청주지방법원 제천지원 2020.01.30 2019고단389
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

At around 23:30 on November 2, 2019, the Defendant was under the influence of “C” at the main point of “C in Ycheon-si B”, and the Defendant took a bath to refuse to comply with the Defendant’s solicitation to return home from E by a police officer belonging to the 112-reported Police Agency D District Unit, which received the 112-report and called “A” and “Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on crime prevention and handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. A photograph description (faf by cutting offCCTV image);

1. 112 Reporting case management table;

1. Application of the investigative report (including the case of attachingCCTV images), photographs to capture CCTV images, and the Acts and subordinate statutes governing CCTV images;

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

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The Defendant assaulted police officers in charge of duties such as handling 112 reported cases and preventing crimes, thereby obstructing the performance of official duties.

The crimes of defendants are very serious crimes that threaten the safety of police officers who serve to maintain social public order, such as protecting people's lives and bodies, preventing, suppressing, and investigating crimes, and injure their honor and pride.

The defendant, while under the influence of alcohol around December 2017, has been sentenced to a fine for a violation of the Punishment of Minor Offenses Act in relation to the fact that he/she, while being drunk, makes a very rough and disorderly speech, etc. at a public office.

The favorable circumstances: The mistake is recognized and reflected.

The degree of violence is.

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