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(영문) 춘천지방법원 2020.12.22 2020고단1149
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 October 12, 2020: (a) around 00:19 (Evidence No. 22 of the Evidence Record) the Defendant recommended the Defendant to stop and return home to the Defendant on the road in front of the “C” restaurant located in Chuncheon City B (see, e.g., “C” restaurant; (b) the police officer affiliated with the Chuncheon Police Station D District Unit E (Evidence No. 21 of the Evidence No. 21) where patrol service was on patrol service; and (c) while continuing to take a bath, F (n) where he was going to go through, was the police officer’s desire to drive the vehicle “I am away and threatened with the Defendant (referring to the Defendant)”; and (d) on the ground that the above E, a police officer, tried to hear the statement about the circumstances against the Defendant, the Defendant, she called “I e, e.g., e., the Defendant’s driver’s fright, and e., the Defendant’s face of the E-mail evidence (see, e. 14).

Accordingly, the defendant interfered with legitimate execution of duties concerning patrol and crime prevention of police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to 112 reported case handling lists, copies of work logs in the D District, and closure photographs;

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 Defendant committed the same obstruction of performance of official duties and was punished by a fine in 2016.

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